Compassionate Release Application
At Prisoner Rights Legal Services, we understand that prison sentences do not exist in isolation. Prisoners remain part of families, communities, and society. In exceptional circumstances keeping someone in custody is unfair or unnecessary.
Compassionate Release can be for the rest of your term or for the day (Funerals)
If you believe this applies to your case, call us today on 0203 697 0403 for confidential advice and support.
What is Compassionate Release?
Compassionate release is when a prisoner is released early from custody because of exceptional circumstances. It is not granted lightly. Instead, it is used in cases where continuing to keep someone in prison no longer serves the interests of justice or public safety. Examples of situations where compassionate release may be considered include:
· A prisoner who is suffering from a terminal illness and has only a short time left to live.
· A prisoner who requires specialist medical care that cannot be provided within the prison system.
· A prisoner whose family circumstances are so urgent that keeping them in custody would cause severe and unjust hardship.
In every case, the balance is between compassion for the prisoner and their family, and the duty to protect the public.
Applying for compassionate release is never easy. The process requires strong evidence and careful presentation. That’s where we come in. Our team works with prisoners and families to prepare applications, gather evidence, and challenge refusals where necessary.
Who Can Apply for Compassionate Release?
Not every prisoner can apply, and not every application will be accepted. The prison service has strict rules about who is eligible.
Typically, applications are considered for prisoners who:
· Are suffering from serious or terminal medical conditions.
· Have severe physical or mental health problems that cannot be managed inside prison.
· Face urgent family situations, such as needing to provide care for a dependent.
Applications are less likely to succeed if:
· The prisoner poses a high risk to the public.
· The circumstances do not meet the “exceptional” test.
· The evidence is weak or incomplete.
Every case is judged individually, which is why a carefully prepared application is essential.
Reasons for Compassionate Release
Reasons for Compassionate Release
There are a range of reasons why compassionate release may be requested. Some of the most common include:
· Life-threatening illness: Where a prisoner is diagnosed with a terminal condition and has a limited life expectancy.
· Specialist medical care: Where treatment is needed that prison healthcare cannot provide.
· Severe hardship: Where family circumstances create urgent needs, such as the care of children or dependent relatives.
· End of life dignity: Allowing a prisoner to spend their final days with loved ones rather than in prison.
Compassionate release is not a way of avoiding justice. It is a recognition that in certain extreme circumstances, compassion and fairness must take priority.
Compassionate Leave for Funerals
Compassionate leave is different from compassionate release. Instead of being released permanently, a prisoner may be given temporary permission to leave custody to attend the funeral of a close family member.
This type of leave is usually granted under escort and is tightly controlled. Decisions are based on:
- The prisoner’s risk level.
- Their behaviour in custody.
- The personal circumstances of the request.
Attending a funeral can provide closure for prisoners and their families, helping them cope with loss even while serving a sentence. Legal support can improve the chances of securing leave by ensuring the application is properly presented.
Why an Application is Refused
Because the rules are strict, compassionate release applications are often refused. Some of the most common reasons include:
- Weak or incomplete evidence, for example, missing medical reports or unclear family information.
- Public safety concerns, if the prisoner is still considered a risk.
- Circumstances not meeting the threshold – if the situation is serious but not exceptional enough.
- Concerns about licence conditions – worries that the prisoner will not comply with rules if released.
Refusals can be upsetting, but they also provide feedback. Understanding the reasons helps families and legal teams decide whether to appeal or submit a stronger reapplication.
Challenging a Refusal
If an application for compassionate release is refused, it may still be possible to challenge the decision. This involves:
1. Carefully reviewing the refusal letter – to identify the reasons given.
2. Gathering stronger evidence.
3. Addressing the concerns directly – showing why the refusal was unfair or based on incomplete information.
4. Submitting a formal challenge or appeal – asking for the case to be reconsidered.
In many cases, appeals succeed where the initial application failed, especially when supported with clear, well-prepared evidence.
How We Can Help with Compassionate Release Applications
At Prisoner Rights Legal Services, we provide expert support throughout the compassionate release process. Our services include:
01
Preparing and submitting applications:
Submitting clear requests that follow the required process.
02
Gathering information:
Identifying and organising the material needed to support a case.
03
Challenging refusals:
Submitting responses where decisions may be unfair or unreasonable.
04
Advising families:
Guiding families on how they can best contribute to the process.
05
Follow-up support:
Taking steps to keep applications moving and avoid unnecessary delays.
Why Compassionate Release Matters
Compassionate release is not about undermining justice but about recognising when continued custody serves no useful purpose. For prisoners, it can mean dignity at the end of life, access to treatment unavailable in prison, or the chance to be with loved ones in times of crisis. For families, it offers comfort, closure, and relief from severe hardship. For society, it shows that justice is applied with humanity and fairness, striking a balance between punishment and compassion.
Some Compassionate Release FAQs
How long does a compassionate release application take?
Timescales vary, but decisions are usually made within weeks once all evidence has been submitted.
Can compassionate release be granted on a temporary basis?
Yes. In some cases, temporary release is possible, for example to attend a funeral or provide urgent family support.
What happens after a prisoner is granted compassionate release?
If approved, the prisoner is released under specific conditions and may remain under supervision in the community.
Is compassionate release available for mental health conditions?
Applications can be considered where mental health needs cannot be met inside prison and the circumstances are exceptional.
Can you reapply if compassionate release is refused?
Yes. A new application can be made if there is stronger evidence, a change in circumstances, or updated medical information.
Do compassionate release decisions consider public safety?
What To Do Next
If you or a loved one is considering applying for compassionate release, or if an application has already been refused, we can help.
Prisoner Rights Legal Services offers a free initial conversation to discuss your case, explain your options, and outline how we can support you.
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