I find the most bizarre aspect of the new early release provisions is that they do not apply to civil prisoners, such as persons committed to prison for Contempt of Court.
As their sentences are not classified as Standard Determinate Sentences (SDS), defendants who are imprisoned for Contempt are not eligible for release until they have served half of their prison term.
In contrast, a burglar or robber or other such criminal, may be eligible after they have served one third of their term.
Although I do not in any way trivialise or condone Contempt of Court, the gravity of the “offence” is normally far below the seriousness of crimes which do attract early release. This is recognised by Parliament as the maximum penalty for Contempt is two years whereas, for example, robbery is life imprisonment and the maximum for burglary is 14 years.
Equally important is the lower level of threat or impact to the public by early release of a contemnor. That contemnors pose a lesser risk is also recognised by Parliament as the statutory provisions stipulate that upon release there are no conditions whatsoever. The release is entirely unconditional i.e. no probation, supervision or licence. This is in stark contrast to all criminal cases where release is conditional upon compliance with heavy restrictions and conditions, which are perceived to be necessary for protection of the public.
(Ironically it is the very lack of the need for protection or probation or supervision that has thwarted eligibility for contemnors for previous early release schemes such as home detention curfew. As these schemes were built around probation and supervision and there was no probation facility for civil prisoners, it was decided that civil prisoners were ineligible).
Moreover, the compulsory suspended sentence provisions under the Sentencing Act 2026 which call for suspended sentences, except in exceptional circumstances, for offenders serving up to one year’s imprisonment, also do not apply to civil prisoners.
One would have thought that civil prisoners should be the first in the queue for consideration of suspension.
It is difficult to ascertain the exact number of civil prisoners in jail in the UK at the moment, but it is estimated to be over 500.
To my mind, it is topsy turvy and in view of the limited availability of prison cells, it makes no sense for civil prisoners to be excluded from both the early release and the suspended sentence provisions. There is surely a case that they should be at the front of the queue… not the last!