Dame Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales, has strongly criticized the Labour government's plan to allow domestic abusers to be included in an early jail release scheme. Jacobs stated that this decision "puts victims' lives at risk," as approximately 5,000 individuals are slated for release in October under these new sentencing changes.
The early release scheme, known as SDS40, was initially introduced by the government to alleviate overcrowding in UK prisons. Under this program, certain offenders can be freed after serving just 40% of their court-imposed sentence. Since its launch in September 2024, more than 70,000 criminals have been released, with 9,958 offenders freed in the first three months of 2026.
While child sex offenders and rapists have been explicitly exempted from the scheme following a review, domestic abusers, murderers, and other serious offenders remain eligible. Justice Secretary Alex Norris acknowledged that this decision has "created harm" and apologized to the family of murdered police officer Andrew Harper, whose killers are among those eligible for early release. Norris explained that the measure was necessary to prevent the prison system from collapsing, stating that without these changes, prisons would run out of space in October or November.
Dame Jacobs expressed her disappointment after meeting with Justice Secretary Alex Norris, calling the decision "wrong." She urged ministers to halt the release of domestic abuse perpetrators in October unless victim safety can be assured. She emphasized that perpetrators of domestic abuse pose a significant danger, often fixated on their victims and willing to cause harm to maintain control. "Measures that will keep domestic abuse victims safe still appear to be an afterthought," Jacobs stated.
She stressed the critical need for thorough risk assessments of perpetrators before their release and for probation services to have adequate resources to manage offenders rigorously in the community. The Domestic Abuse Commissioner plans to continue working with ministers to ensure victims and survivors are not disproportionately affected by this policy.
The controversy also involves the case of PC Andrew Harper, who died in August 2019 while responding to a quad bike theft. His killers, Jessie Cole and Albert Bowers, sentenced to 13 years for manslaughter, are eligible for release halfway through their sentences. PC Harper's wife, Lissie Harper, has called the prospect of their early release "an affront to justice" and "an utter betrayal."
Justice Secretary Norris confirmed that while exemptions were made for rapists and serious child sex offenders, a broader exclusion of other offenders was not feasible without risking the collapse of the prison system. Prime Minister Andy Burnham indicated he would have preferred to extend exemptions further but stated it was "not possible without the prison system reaching capacity and collapsing."
To address prison overcrowding, the government has committed to building 14,000 new prison places by 2031, with 3,000 already delivered. However, the opposition has criticized the Labour government's approach, with Kemi Badenoch stating that victims "deserve better" and that killers, violent offenders, and abusers will still be released under the current plans.
The Prison Governors' Association also voiced concerns, noting that late policy changes put "huge pressure" on prison staff and increase the likelihood of errors. The association urged the government to establish a clear direction and maintain consistency in policy to avoid unnecessary strain on resources.