Lord Trefgarne – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Lord Trefgarne on 2016-02-22.

To ask Her Majesty’s Government what powers are available to ministers to order the release of prisoners duly sentenced and held in England and Wales.

Lord Faulks

Prisoners are held in accordance with the type and length of sentence they are given by the courts and legislation prescribes when and how they are to be released. The majority are released automatically, with standard determinate sentence prisoners released at the half-way point in their sentence. Some prisoners are released at the discretion of the independent Parole Board – for example, all prisoners serving an indeterminate sentence and some extended sentence prisoners – once they have reached the point in their sentence when they are eligible to be considered for parole.

Legislation also gives the Secretary of State discretion to release sentenced prisoners in certain circumstances. In practice, these decisions are taken on behalf of the Secretary of State by prison governors or other officials in the National Offender Management Service (NOMS). For example, some shorter sentenced, low risk offenders may be considered for release before their automatic release date under the Home Detention Curfew (HDC) scheme, at the discretion of prison governors.

There is also a statutory power for the Secretary of State to release any sentenced prisoner if there are exceptional circumstances which justify release on compassionate grounds. Decisions on whether to grant early compassionate release are taken on a case-by-case basis by senior officials in NOMS.