Rioters could serve less time behind bars amid bid to cut prison overcrowding

Rioters could spend less time behind bars amid efforts to cut prison overcrowding.

The Government confirmed those involved in recent unrest will not be excluded from its plans to release some inmates from jail early, after serving 40% of their sentence.

It comes after Prime Minister Sir Keir Starmer repeatedly warned those involved in the violence they will feel the “full force of the law”.

Conservative shadow justice secretary Edward Argar said those convicted after the disorder should face “tough sentences” and it was “deeply concerning” they could “benefit from less time spent behind bars” as he called for the Government to “urgently review” its plans to release prisoners early.

Meanwhile, a former prison governor said rioters should not be “eligible for the discount” and urged the Ministry of Justice (MoJ) to “go further”.

Last month Justice Secretary Shabana Mahmood announced plans to cut the proportion of the sentence inmates must serve behind bars from 50% to 40%.

The temporary move – which does not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences – is expected to result in 5,500 offenders being released in September and October.

MPs have already approved the laws allowing the plan to be put into action and any changes could require updating the legislation in a short space of time if additional exemptions were to be included.

Asked whether the scheme will be changed to exclude those involved in unrest across the UK over recent weeks, a Number 10 spokeswoman said the early release of prisoners will be based on the sentence they have been given.

“There’s no specific exclusion for the rioters, the scheme is as previously set out by the Justice Secretary.

“Also, we’re very clear that those who are convicted of serious violence and serve sentences of four years and over, or a terrorism offence, will be excluded,” she said.

Mr Argar told the PA news agency: “Those convicted of offences linked to the recent disorder, including violence against the police and others in our communities, should face tough sentences.

“It is deeply concerning that, despite a senior minister at the weekend saying the opposite, it now appears that people sentenced to prison for these crimes will not be exempt from Labour’s prisoner early release scheme, and will therefore likely benefit from less time spent behind bars.

“The Government needs to urgently review its prisoner early release scheme, and its exemptions, and respond to understandable public concerns following recent events.”

The Ministry of Justice should go further... and say that anybody who is convicted of a riot-connected offence should not be eligible for the discount. Because I think the most important thing that the state needs to do right now is assert its authority again

Former prison governor Ian Acheson, an adviser to the Counter Extremism Project think tank, said rioters should not get “any additional discount” on their sentences.

Speaking to PA, he said: “The full force of the law does not mean the same thing as it meant in 2011 because… you’ve got a system that’s on its knees already. So the priority must be that justice is seen to be done.

“I think the Ministry of Justice should go further, exceptionally in these circumstances, and say that anybody who is convicted of a riot-connected offence should not be eligible for the discount.

“Because I think the most important thing that the state needs to do right now is assert its authority again. These are exceptional circumstances. The exclusions that apply are fairly specific so they would need to be changed.”

But he also questioned whether any changes “would fly” without legal challenge.