Prison lawyers have urged the new Justice Secretary, Alex Norris, to lift the suspension of the Home Detention Curfew (HDC) scheme.
Their appeal follows the decision by the Prime Minister, Andy Burnham, to halt the early release of thousands of prisoners.
Parliament passed the Sentencing Act 2026 earlier this year. It brings forward the release point for most prisoners on fixed-term sentences. The aim is to free up space in jails.
An estimated 6,000 prisoners were due to leave custody early in monthly tranches from 2 September. On 22 July, two days after taking office, Mr Burnham paused the releases.
He said they would not go ahead “until we have conducted an urgent review and done everything we can to minimise risk to the public”.
The Association of Prison Lawyers (APL) now wants Mr Norris to turn urgently to HDC. Under the scheme, eligible prisoners who pass a risk assessment leave custody on an electronically monitored curfew. The arrangement eases their move from prison back into the community.
In most cases, the earned release model in the Sentencing Act would replace HDC. HM Prison and Probation Service (HMPPS) prepared for the change in advance. It told prisoners that from 25 June it would no longer routinely process HDC applications.
Solicitor Laura Janes, who chairs the APL, has set out the association’s concerns in a letter to Mr Norris. She argues that stopping routine use of HDC without a published policy on the change breaches public law principles.
According to the letter, many APL members have taken calls from distressed prisoners. These prisoners had expected release on electronic monitoring in the coming weeks and months. They have now heard that this will not happen because of the expected changes.
The letter also warns of a knock-on effect for prison capacity. “In practical terms, unless the decision to stop processing HDC claims is reversed, the pressure on prison places will be even greater than the baseline position that resulted in the need for the new scheme in the first place,” it says.
