Thousands of offenders, potentially including those convicted of child rape, could be released early under a new prison release scheme implemented by the Labour party, according to an analysis of the Sentencing Act. While Prime Minister Andy Burnham intervened last week to prevent early release for individuals convicted of offenses like manslaughter, the offense of buggery, under which historical child abuse is prosecuted, was not included in the list of disqualifying offenses.
Over the past decade, there have been 431 convictions for buggery offenses, with 22 recorded in the year ending March 2026. Of these, 251 individuals received immediate custodial determinate sentences, which qualify for early release under the new act. The Sentencing Act, designed to address prison overcrowding, allows prisoners to be freed after serving as little as one-third of their sentence if they were originally sentenced to serve 40% of it, or half their sentence if they were meant to serve two-thirds.
Approximately 4,500 offenders are slated for gradual release starting next month, with over half expected to be freed before Christmas. This group includes individuals convicted of violent crimes and domestic abuse.
Justice Minister Alex Davies-Jones stated that offenders guilty of "sexual offenses of a child" would not be released early under the scheme. However, Conservative shadow justice secretary Nick Timothy criticized the disclosure, stating, "Labour said they would not let paedophiles out early, and yet here we are. Labour have completely failed to grasp the detail of their own scheme, and they have failed to grasp what it would mean for victims. It is an outrage."
The revelations come as an NHS surgeon convicted of sexual assault by penetration of a patient is reportedly eligible for early release. The surgeon, who received a 7-year sentence, could be released after serving half his term, despite assurances that the "most serious" sexual offenders would remain incarcerated. The victim stated, "I feel betrayed. I feel so angry."
A Ministry of Justice spokesperson commented on the situation, saying, "We inherited prisons on the brink of collapse and are pulling every lever possible to fix this, building 14,000 new places. We've listened to victims and excluded a large number of serious offenses from these measures, meaning dangerous criminals like those convicted of rape and certain child sex offenses will stay behind bars for longer. The Prime Minister and Lord Chancellor have been clear they wanted to go further but could not do so without risking the prison system collapsing within months."