Government seeks to end automatic early release of terrorist offenders

Emergency legislation introduced in Parliament will end the automatic early release of terrorist offenders as the Conservative Government takes decisive action to protect the public and keep our streets safe. The urgent laws, unveiled by Justice Secretary Robert Buckland QC MP, will ensure terrorist offenders cannot be released before the end of their sentence without a thorough risk assessment by the Parole Board, with those considered still a threat to public safety forced to spend the rest of their time in prison.

The new rules will apply to offenders sentenced for crimes such as training for terrorism, membership of a proscribed organisation and the dissemination of terrorist publications.

The move will end the current automatic half-way release for offenders who receive standard determinate sentences. Instead, they will be forced to spend a minimum of two-thirds of their term behind bars before being referred to the Parole Board for consideration.

It will mean around 50 terrorist prisoners already serving affected sentences will see their automatic release halted.

Robert Buckland QC MP

Buckland said: “No dangerous terrorist should be released automatically only to go on to kill and maim innocent people on our streets. Enough is enough. This Government will do whatever it takes to keep the public safe, including making sure no terror offender is released early without a thorough risk assessment by the Parole Board. We are not stopping there. We’re stepping-up de-radicalisation measures in our prisons, introducing a 14-year minimum for the worst terrorist offenders and giving more money to the police to deal with these horrific crimes.”

In addition to the Bill, the Government will ensure that when a terrorist offender is released they will be subject to robust safeguards, which could include notification requirements, restrictions on travel and communications and imposed curfews.

The Bill delivers on the Government’s commitments following the senseless attack in Streatham, with ministers acting swiftly to prevent another terrorist being released early.

Spreading hateful ideologies

Home Secretary Priti Patel commented: “Recent months have been a stark reminder of the threat we continue to face from terrorism. We’re determined to ensure that dangerous terrorists are not free to spread their hateful ideologies or harm the public. We are already boosting funding for counter-terrorism police and victims of terrorism and this legislation will ensure terrorist offenders are not released early unless there has been a full assessment of the risks.”

Home Secretary Priti Patel

Home Secretary Priti Patel

Most serious terror offences already attract extended sentences, which require an offender to be referred to the Parole Board before they can be considered for release before the end of their sentence. The worst cases receive life sentences and may never be released.

However, those who serve what’s known as ‘standard determinate sentences’ are released automatically at the half-way point. This means that authorities are powerless to prevent a release even if an offender continues to display concerning behaviour.

The emergency legislation will prevent that from happening and make sure terrorist offenders are assessed by the Parole Board, who have the powers and expertise to examine sensitive evidence about the specific risks that terrorists pose to public safety.

Counter-Terrorism Sentencing Bill

The Government’s announcement builds on recent action by ministers to strengthen the response to terrorism following the Fishmongers’ Hall attack at London Bridge. This includes plans for a new Counter-Terrorism Sentencing Bill to be introduced in the coming months which will:

*introduce tougher sentences for the most serious terrorist offenders and a 14-year minimum for the worst terrorist offenders

*remove the possibility of any early release from custody for serious dangerous terrorist offenders who receive an Extended Determinate Sentence

*introduce measures to strengthen licence supervision for terrorist offenders, with longer periods on licence following release

*introduce Polygraph testing for terrorist offenders on licence

Finally, the Government will review whether the current maximum penalties and sentencing framework for terrorist offences is indeed sufficient or comprehensive on the underlying principle that terrorist offenders should no longer be released until the Parole Board is satisfied that they’re no longer a risk to the public

Response from Liberty

Liberty, the Human Rights-focused organisation, has responded to the proposed Terrorist Offenders (Restriction of Early Release) Bill 2019-2020, which is being debated in the House of Commons on Monday 17 February.

Rosalind Comyn, policy and campaigns officer at Liberty, commented: “This Bill is a bid to make ministers look tough on terror, while neatly hiding the fact that their counter-terror strategy is failing. It’ss just the latest distraction technique from a Government that wants to shirk accountability.”

Comyn continued: “These changes will apply to people convicted of offences that shouldn’t even be criminalised in the first place, from clicking once on content deemed likely to be useful to a terrorist through to travelling overseas to anywhere the Home Secretary designates.”

In conclusion, Comyn stressed: “Knee-jerk laws like these not only chip away at our civil liberties, but they also don’t make us any safer. We need counter-terror measures that are evidence-based and designed with the freedom and safety of our communities at their heart.”

About the Author
Brian Sims BA (Hons) Hon FSyI, Editor, Risk UK (Pro-Activ Publications) Beginning his career in professional journalism at The Builder Group in March 1992, Brian was appointed Editor of Security Management Today in November 2000 having spent eight years in engineering journalism across two titles: Building Services Journal and Light & Lighting. In 2005, Brian received the BSIA Chairman’s Award for Promoting The Security Industry and, a year later, the Skills for Security Special Award for an Outstanding Contribution to the Security Business Sector. In 2008, Brian was The Security Institute’s nomination for the Association of Security Consultants’ highly prestigious Imbert Prize and, in 2013, was a nominated finalist for the Institute's George van Schalkwyk Award. An Honorary Fellow of The Security Institute, Brian serves as a Judge for the BSIA’s Security Personnel of the Year Awards and the Securitas Good Customer Award. Between 2008 and 2014, Brian pioneered the use of digital media across the security sector, including webinars and Audio Shows. Brian’s actively involved in 50-plus security groups on LinkedIn and hosts the popular Risk UK Twitter site. Brian is a frequent speaker on the conference circuit. He has organised and chaired conference programmes for both IFSEC International and ASIS International and has been published in the national media. Brian was appointed Editor of Risk UK at Pro-Activ Publications in July 2014 and as Editor of The Paper (Pro-Activ Publications' dedicated business newspaper for security professionals) in September 2015. Brian was appointed Editor of Risk Xtra at Pro-Activ Publications in May 2018.

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