Why Prison Law Reforms Are Accelerating
Prison Law Reforms in England and Wales have accelerated in recent months and years, as policymakers respond to a system stretched to breaking point. Persistent overcrowding (with occupancy rates hovering near or above 99%) has prompted emergency measures like Operation Safeguard, which places inmates in police custody when prisons run out of space. These short-term fixes are unsustainable, prompting a raft of reforms aimed at reducing time served, streamlining recall, and incentivising rehabilitation.
The latest changes include:
- Extension of Home Detention Curfew (HDC) up to 12 months (“tagging”)
- Introduction of fixed-term 28-day re-recall for most sentences under four years
- Roll-out of earned progression: release after one-third with compliance
- Continuing use of ECSL (End of Custody Supervised Licence)
Home Detention Curfew (HDC) Extended to 12 Months
What Has Changed
HDC, better known as tagging, allows eligible prisoners to serve part of their sentences at home under electronic curfew. Historically, the maximum HDC period was capped at six months. As of 3 June 2025, the Ministry of Justice extended this to a maximum of 12 months. Policy documents confirm that new and recalculated eligibility dates now reflect this extension.
Eligibility
Individuals serving determinate sentences may apply after risk assessments and only if they have a suitable release address. Offence-type exclusions and risk-based filters such as MAPPA-level risk still apply. This is one of the most significant Prison Law Reforms, with the potential to reduce pressure on the system while keeping community safety in view.
Implications
- Reduced custody periods
- Cost and pressure relief on prisons
- Public control through monitoring
- Concerns around community rehabilitation support
Fixed-Term Recall: 28 Days for Sentences Under Four Years
The Change
Under the Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025, most determinate sentence prisoners sentenced to under four years will face a fixed-term recall of 28 days for licence violations. Offenders serving under 12 months face a 14-day fixed recall. Higher-risk or excluded groups remain subject to standard recalls.
Why It Matters
Recall is a major contributor to prison numbers. By reducing recall stays to a fixed, short duration, policymakers aim to free up roughly 1,400 prison places. Such measures show how Prison Law Reforms balance overcrowding with fairness and predictability.
Impacts
- Prisoners: Less disruption to housing and employment
- System: Predictable capacity planning
- Probation: Faster and more consistent responses
- Concern: Uniformity may overlook complex risks
Earned Progression: Release After One-Third
How It Works
One of the most far-reaching Prison Law Reforms is a proposed merit-based model. Prisoners can be considered for release after serving one-third of their sentence, contingent on good behaviour, training, education, and work participation.
Potential Benefits
- Incentivises rehabilitation
- Creates capacity proactively
- Allows flexibility in sentencing outcomes
Key Challenges
- Scaling probation and education services
- Strong risk management processes
- Ensuring consistency and fairness
ECSL: End of Custody Supervised Licence
Background
The End of Custody Supervised Licence (ECSL) allows prisoners to be released up to 18 days early at the end of their sentence. Originally temporary, it was made indefinite in February 2024. By mid-2024, more than 10,000 prisoners had been released early through ECSL.
Role in the System
Though modest per individual, its cumulative effect eases significant pressure. This demonstrates how incremental Prison Law Reforms can meaningfully impact capacity.
Overcrowding: The Driver of Reform
Current Status
Prison capacity in England and Wales is frequently maxed out, hitting between 98% and 100% occupancy. When space runs out, Operation Safeguard requires housing prisoners in police cells.
Why Reform Was Necessary
Every major reform is driven by overcrowding. HDC, ECSL, earned progression, and shorter recalls all aim to relieve pressure while maintaining public safety.
How the Reforms Interlink
During Custody
- HDC up to 12 months
- ECSL release
- Earned progression after one-third
After Release
- Licence periods still apply
- Recall shortened to 28 or 14 days
Who Is Excluded
Not all prisoners benefit from these changes. High-risk categories remain excluded, including terrorism-related offenders, serious sexual or violent offenders, and MAPPA-level individuals. These exclusions underline that Prison Law Reforms are targeted, not universal.
What This Means for Individuals
- Check eligibility, as new rules may alter release timelines
- Engage with training and work opportunities to benefit from earned progression
- Track recalls, which are now shorter and more predictable
- Plan for licence supervision, which continues even after earlier release
What Comes Next
Key Areas to Watch
- Legislation details around earned progression
- Scaling probation services and supervision
- Data transparency on reoffending and recall success
- Sentencing reform to reduce short custodial terms
A New Road Ahead
The prison system is shifting from long custodial sentences to supervised release in the community. Key reforms include HDC up to 12 months, 28-day recalls, earned progression, and ECSL. These Prison Law Reforms are driven by necessity but their success depends on robust probation services, political will, and investment in community rehabilitation.
How We Can Help
At Prisoner Rights Legal Services we support prisoners and their families in challenging decisions, accessing rights, and securing fair treatment within the prison system. Contact us today for a free consultation.
