Birmingham council says domestic abuse perpetrators 'may have been released from prison early'

Birmingham City Council acknowledged it may be a worrying time for victims of domestic abuse

Birmingham City Council has issued a message to domestic abuse survivors amid fears perpetrators have been released from prison early. The new Labour government announced plans to free up prison space back in the summer, with Lord Chancellor and Ladywood MP Shabana Mahmood claiming the country faced the “collapse of the criminal justice system”.

The Ministry of Justice said at the time that the government would temporarily reduce the proportion of certain custodial sentences served in prison from 50 per cent to 40 per cent. It added the scheme, implemented this month, would include important safeguards and exemptions to keep the public safe and clear release plans to manage them safely in the community.

However, Birmingham City Council has acknowledged that it may be a distressing time for victims of domestic abuse. The government previously confirmed that a number of domestic abuse connected crimes would not be eligible for early release.

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These included:

• Stalking offences
• Controlling or coercive behaviours in an intimate or family relationship
• Non-fatal strangulation and suffocation
• Breach of restraining order, non-molestation order, and domestic abuse protection order.

But Birmingham council has told survivors of domestic abuse that perpetrators who were in prison for a different crime may have been released from prison early under this scheme. The Labour-run local authority went on to say that it understands this may be causing “fear and anxiety for survivors” and that partners across the city have been working together to manage any safety risks.

It added the Domestic Abuse Prevention team commissions specialist support for all survivors, including men and the LGBT+ community. Cllr Nicky Brennan, cabinet member for social justice, community safety and equalities, said: “Whilst the reports in the news highlight that prisons are nearly full, perpetrators of domestic abuse can still be sent to prison if convicted or remanded in custody by the courts.

“Perpetrators released under this scheme will still have licence conditions and will be recalled if they break any of these conditions". She continued: “Birmingham City Council’s Domestic Abuse Prevention team along with our partner organisations provide specialist support services for anyone who is scared or worried about a loved one who may need help.

“I urge you to reach out to us so we can help". A Ministry of Justice spokesperson claimed the Labour government inherited a justice system on the “verge of collapse”.

“The worst possible outcome for victims would have been to allow this to happen,” they continued. “Dangerous criminals would have walked the streets with impunity, knowing the police would not have been able to arrest them, because there would have been no prison cell waiting for them.

“We have been forced into taking difficult but necessary action so we can keep locking up offenders and protect the public". Sentences for serious violent offences of four years or more, as well as sex offences, are automatically excluded from the scheme.

The government previously said that anyone released will be strictly monitored on licence by the Probation Service through measures which can include electronic tagging and curfews. They face being recalled to prison if they breach their licence conditions.

Lord Chancellor Shabana Mahmood has also described the scheme as an “emergency measure”, saying: “This is not a permanent change - I am unapologetic in my belief that criminals must be punished.”

She set out plans to recruit over 1,000 additional trainee probation officers by March 2025 earlier this year too, which the government said would allow for greater oversight and management of offenders once they leave prisons. She said in the summer: “The measures I have set out are not a silver bullet but they will give us the time we need to address the prisons crisis, not just today but for years to come.”

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