Starmer hits back at Sunak over prison crisis with PM ‘angry’ at being forced to free criminals early

11 September 2024, 18:39 | Updated: 11 September 2024, 18:56

The Prime Minister has defended freeing criminals - including some convicted killers - early from prison, as he angrily blamed the previous Government's inaction for forcing the decision.

Sir Keir Starmer lashed out at former prime minister Rishi Sunak in the Commons, repeating claims he had no choice but to cut the amount of time prisoners would serve behind bars amid urgent efforts to tackle the jail overcrowding crisis.

His comments were in response to accusations from Reform UK's leader that Sir Keir was presiding over a two-tier justice system.

Nigel Farage described "some extraordinary celebratory scenes outside Britain's prisons, where in some cases serious career criminals were released" after pictures emerged of an inmate being sprayed with bubbly by friends as they left jail.

On Tuesday, around 1,700 prisoners were free from jails across England and Wales.

Justice Secretary Shabana Mahmood previously announced the plans in July to cut temporarily the proportion of sentences which inmates must serve behind bars from 50% to 40% as the Ministry of Justice (MoJ) said overcrowding had pushed jails to the "point of collapse".

At Prime Minister's Questions, Mr Farage said: "This to make way for, yes, rioters, but equally those who have said unpleasant things on Facebook and elsewhere on social media.

"Does the Prime Minister understand there is a growing feeling of anger in this country that we are living through two-tier policing and a two-tier justice system?"

Sir Keir hit back, telling MPs: "I'm angry to be put in a position of having to release people who should be in prison because the last government broke the prison system.

"The prime minister was repeatedly warned that he had to adopt the scheme that we put in place."

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Referring to reports on Alex Chalk's pleas to enact the scheme when in post, he said the former justice secretary "said if we don't do it we will have to get down on our knees and pray".

Police chiefs also "made it absolutely clear" to Mr Sunak before the election that he "needed to take action", he said - in reference to a letter police chiefs sent him in June urging him to put the plan in motion immediately as prison overcrowding was hampering officers' ability to do their jobs.

"That's how bad it was. He (Mr Sunak) delayed and increased the risks," Sir Keir added.

Among those pictured walking free were fallen Hollywood actor Jason Hoganson, who was released early from serving an 18-month jail sentence at HMP Durham after reportedly beating his ex-girlfriend in the street.

According to court reports, Hoganson - who had a leading role in 1987 film Empire State - was sentenced after admitting assault by beating and breach of a restraining order and has accumulated 109 convictions after turning to drink and drugs.

Others due to be released under the scheme include Adam Andrews, who was jailed for three years after being convicted of grievous bodily harm without intent for reportedly shaking a baby so violently he was left blind, paralysed and now needs round-the-clock care.

He is eligible to be freed early because his sentence for a violent offence involves a prison term of less than four years.

Natty was among a group of teenagers who ended up in court after the death of 14-year-old Gordon Gault, who was stabbed in the arm with a machete in Newcastle in 2022 amid violence between two rival gangs stoked by drill music.

Natty supplied the weapon used in the attack after buying it online.

He faces deportation when his time in prison comes to an end, meaning he could then be moved to an immigration detention centre and held there while he awaits his removal from the country.

The Home Office said it is committed to deporting foreign criminals at the earliest opportunity but would not confirm whether this will happen to Natty as the department does not comment on individual cases.

If he is not taken from prison to detention, this may mean he could be released on licence. Even while held in detention, there are some circumstances in which he could be granted immigration bail.

The MoJ said 93% of manslaughter sentences handed down in 2022 and 2023 were longer than four years.

Earlier this week, prisons watchdog Charlie Taylor warned it was "inevitable" some prisoners released early would reoffend and end up back behind bars under the "risky" scheme.

Some who are homeless on release could be temporarily placed in taxpayer-funded budget hotels if there is not enough space in bail hostels and other community accommodation typically used for offenders, Ms Mahmood also told MPs.

Shabana Mahmood told the Commons that inmates who are homeless on release could be temporarily placed in taxpayer-funded budget hotels if there is not enough space in bail hostels and other community accommodation typically used for offenders.

A watchdog warned it was "inevitable" some of the 1,700 prisoners being released on Tuesday from jails across England and Wales would reoffend and end up back behind bars.

The latest releases are in addition to the around 1,000 inmates normally freed each week.

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Ms Mahmood announced plans in July to temporarily cut the proportion of sentences which inmates must serve behind bars from 50% to 40% as the Ministry of Justice (MoJ) said overcrowding had pushed jails to the "point of collapse".

Telling MPs on Tuesday that the scheme coming into force was the start of the "rescue effort" for the justice system, she added: "I have authorised probation directors to make use of alternative arrangements including budget hotels as a temporary measure, for the cases that we will see in the next few weeks."

Downing Street said the policy had to be brought in to avoid "unchecked criminality" where the police and courts are unable to lock anyone up because there are no free cells.

MoJ figures showed the prison population hit a record high of 88,521 on Friday, having risen by more than 1,000 inmates over the past four weeks.

Meanwhile it emerged Rishi Sunak ignored calls from Britain's most senior police officers a week before the election warning him that failure to trigger the so-called SDS40 policy would be exploited by criminals.

A letter obtained by The Times dated June 27, signed by figures including Metropolitan Police Commissioner Sir Mark Rowley and the chairman of the National Police Chiefs' Council Gavin Stephens, said the overcrowding crisis in prisons was hampering police officers' ability to do their job as they urged the then prime minister to put the plan in motion immediately because it would take "many weeks to safely implement".

Chief inspector of prisons Charlie Taylor said the Government "had no choice but to do something" about overcrowding because "the bath was in danger of overflowing, and they either had to turn the taps off or they had to let some water out".

But he warned it was "inevitable that some of these prisoners will get recalled to custody" and that some will be homeless on release - increasing the risk that they could go on to commit more crimes.

"If people are coming out, they're not properly prepared, and they're homeless, then what we'll see is the danger that they'll commit more offences, or that they breach their bail conditions, in which case they'll end

Nick prison caller

On Monday, it emerged some victims were not prepared in the wake of their perpetrators being freed early, with The Times reporting hundreds had not been informed.

The Victims' Commissioner of England and Wales, Baroness Newlove, branded it "regrettable" that some had still not been told this was happening on the eve of the policy coming into force.

Victims are only automatically notified of an offender's release under the Government's victim contact scheme if it was a violent or sexual crime for which the person was jailed for at least 12 months, or under the victim notification scheme if it was a stalking, harassment or coercive control offence.

Both schemes are opt-in, leading to concerns some victims might have fallen through the gaps when it came to being contacted about early release.

There are also fears not all criminals with a history of domestic abuse will be exempt from the policy despite efforts to keep them behind bars.

The Government said those convicted of sex offences, terrorism, domestic abuse and violent crimes would not be freed early under the scheme.

But because there is no single offence for domestic abuse, and only certain crimes like coercive control, harassment and stalking which are specifically linked to this were excluded, meaning other attackers convicted of crimes like threats to kill and actual bodily harm could still qualify for early release.

Domestic Abuse Commissioner Nicole Jacobs - who had called for a blanket exemption for all known perpetrators - said: "There is no justice in allowing perpetrators of domestic abuse to be released early.

"I worry that it might not be possible for every victim to be notified of their abuser's release and I fear they may be left blindsided, without the time to seek vital support and guidance".

Rioters are among those who could end up spending less time behind bars as the Government last month confirmed those involved in recent unrest would not be specifically excluded from early release.

However, those convicted of serious violence and serving sentences of four years or more will not be eligible, according to officials.

Mr Taylor's comments came as he published his annual report, which suggested ministers will not be able to build enough prisons to fit all criminals set to be jailed in future unless they overhaul sentencing rules.

His report said: "With the number of prisoners projected to grow by as much as 27,000 by 2028, it is unlikely to be possible to build enough new accommodation.

"Alongside decisive short-term action, there is a pressing need for a much bigger conversation about who we are sending to prison, for how long and what we want prisoners to do while they are inside."

The report also detailed the "desperate" crisis of violence and drug use behind bars, as well as the lack of available rehabilitation that would keep people from reoffending.

Charities said the early release scheme would only "buy a little time" and would not provide a lasting solution in the face of "brutalising" conditions.

Andrea Coomber KC, chief executive of the Howard League for Penal Reform, said prisons and probation needed to be completely reset after she described the "woeful education and training" for inmates and "squalor, self-harm, drugs, violence and unmet mental health needs, all in the midst of severe overcrowding".

Hundreds more prisoners are due to be freed early next month in the second stage of the scheme. But the Government is under pressure to find longer-term solutions to the problem, with prison figures warning without further measures the same problem could be faced in about a year's time.

A MoJ spokeswoman said: "It is important for offenders to have a roof over their head when they leave prison, otherwise there is a high risk they will reoffend and end up back behind bars.

"That is why the Prison and Probation Service has basic housing for offenders who would otherwise be forced to sleep on the streets with additional ad hoc arrangements only to be used as an absolute last resort."