MoJ cuts maximum time high-risk offenders spend in hostel supervision

The Ministry of Justice has cut the length of time that high-risk offenders such as freed rapists and murderers spend under supervision in government-approved hostels, the Guardian has been told.

Until recently, very high-risk offenders in England and Wales could stay for a maximum of 12 weeks in “approved premises” where their behaviour is closely monitored by key workers.

Union officials say they have been told that because of plans to release thousands of prisoners under early release schemes, the maximum stay has been cut to eight weeks. It is understood that the change was introduced two months ago because of the pressures from overcrowded prisons.

The justice secretary, Shabana Mahmood, said on Thursday that 5,500 prisoners would be released in September and October to tackle the overcrowding crisis.

Related: About 5,500 prisoners to be released early in England and Wales

The MoJ introduced legislation on Wednesday for the early release scheme, known as SDS40, under which criminals will serve 40% of their sentences rather than being freed at the halfway point.

The probation staff trade union Napo was told of the “approved premises” changes in a briefing with HM Prison and Probation Service (HMPPS) officials. A union spokesperson said it raised serious questions around public safety.

“Approved premises are vital to supporting high risk of harm people coming out of prison. The SDS40 releases will put further pressure on an under-resourced part of probation,” they said. “Napo has been told that HMPPS are currently looking at how they can free up additional capacity by reducing the length of time clients spend as a resident. This will put further demand on practitioners to find ‘move on’ accommodation for cases and reduces the robustness of release plans in terms of public protection.”

There are more than 100 approved premises across England and Wales that supervise about 2,000 criminals considered too dangerous to release straight into the community. These offenders live in the hostels for about three months after coming out of prison. They are expected to sign in and out of the building and account for their whereabouts, and they can be monitored for drugs and alcohol and staff can search their rooms and belongings.

Refusing to stay in approved premises is considered a breach of licence and can result in a recall to prison. Staff in approved premises are expected to monitor and manage the risk posed by their residents. They may also help them find jobs, accommodation and provide activities intended to help with reducing reoffending and reintegration into society.

Since the last government’s early release scheme, when about 10,000 prisoners were released up to 70 days early in 2023 and 2024, many approved premises have reached capacity. The expected releases in September and October will increase the number of prisoners needing this support.

The development comes amid deepening scrutiny of the probation service and its supervision of high-risk offenders. A BBC Panorama undercover investigation in May showed two dangerous convicted criminals running away from a probation hostel in Kent.

Prisoners to be released early from September will include violent offenders serving sentences under four years for crimes such as assault as well as burglars, robbers and thieves. Sex offenders, terrorists, domestic abusers and those jailed for more than four years for serious violence will be excluded.

The 5,500 will be eligible because they will be between 40% and 50% through their sentences by 13 September, when the scheme starts. The subsequent monthly figures are expected to be lower.

The changes will have two commencement dates for two tranches – SDS40 will apply to those serving sentences of under five years from 13 September. It will be extended to other eligible prisoners who received sentences of five years or more from 22 October.

Mahmood accused the Conservatives of having left behind a “ticking timebomb” by failing to get a grip on the prison overcrowding crisis. She said prisons were weeks away from running out of cells, with only 700 spaces left in male prisons, close to the point at which they would have to start refusing to take offenders and suspects sent to them by the police and courts.

She told MPs: “Suspects not held in custody, officers unable to make arrests leaving criminals free to act without consequences. If we fail to act now, we face the prospect of the total breakdown of law and order.”

An MoJ spokesperson said the changes were a result of “significant pressure” on the justice system. “These changes to approved premises apply only to carefully assessed lower-risk offenders in the approved premises cohort, considered on a case-by-case basis.”