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Offenders (Day of Release from Detention) Bill

The Offenders (Day of Release from Detention) Bill was presented to Parliament on 15 June 2022 through the ballot procedure. The Member in charge is Simon Fell in place of Mark Jenkinson.

Second reading took place on 2 December 2022. The Bill was considered in Committee on 8 February 2023. No amendments were made. Commons report stage and third reading are scheduled for 3 March 2023.

Explanatory Notes (PDF) have been prepared by the Ministry of Justice.

The Bill would provide the Secretary of State with a discretionary power to bring forward the release date of an offender by up to two working days where that release date falls on a Friday or the day preceding a bank/public holiday. The Government has said that, in practice, this power will be delegated to the Governor (of a public prison) or the Director (of a private prison) or appropriate officials in youth establishments. Guidance on eligibility criteria will be set out in a policy framework. The Bill extends to England and Wales.

In the Government’s December 2021 Prisons Strategy White Paper (PDF), the Government said it would explore allowing prisoners who are at risk of reoffending to be discharged one or two days earlier at governor discretion where a Friday release can be demonstrated to be detrimental to an individual’s resettlement. Following consultation with stakeholders, the Government committed to pursue legislation when parliamentary time allowed.

The announcement of the Government’s decision to legislate on this issue was widely welcomed, including by NACRO the Association of Police and Crime Commissioners, the Local Government Association, and the BMA. The charity NACRO, has campaigned since 2018 for an end to Friday releases.

The Government confirmed in a press release on 2 December 2022 that it would support Simon Fell’s Private Member’s Bill on the issue

The Bill was widely supported at Second reading and Committee stage.