Keir Starmer has defended plans that will release some domestic abusers on recall earlier in order to ease jail overcrowding in England and Wales as ministers faced a backlash over concerns for public safety.
Under emergency measures announced by the justice secretary, Shabana Mahmood, some criminals serving sentences of between one and four years who breach their licence conditions will be returned to custody for only a fixed 28-day period.
Offenders are recalled to prison if they commit another offence or, having been released early on licence, breach their conditions, such as missing probation appointments.
A government source admitted that “many but not all domestic abusers” would be released under the scheme.
Starmer told reporters while on a visit to Albania on Thursday: “I do not want to be in the position where we have this [scheme]. I have no choice, literally no choice, because of the position the last government put us in.
“But at the same time we’ve put in place the biggest prison-building programme since Victorian times.”
The victims commissioner, Helen Newlove, wrote to the justice secretary on Thursday to say she was “struggling to understand” why this group of recalled offenders had been the focus of early release, and pressed to find out what safeguards would be in place for victims.
“We are re-releasing a group of offenders assessed as high risk and with a track record of poor compliance,” she wrote. “These high-maintenance offenders are all being re-released at a time when the Probation Service is already struggling to cope with the huge demands being placed upon it.”
Nicole Jacobs, the domestic abuse commissioner, called for the proposal to be scrapped, saying: “I cannot stress enough the lack of consideration for victims’ safety and how many lives are being put in danger.”
The proposals have been condemned by the abuse survivors’ charity Refuge. “This will likely cause significant worry among survivors, and it is particularly alarming that these measures were introduced without consulting the domestic abuse commissioner or the violence against women and girls sector, and without publishing an impact assessment,” said Ellie Butt, the charity’s head of policy.
A government source said: “The recall measure excludes all offenders serving sentences over four years. It includes further exclusions for those who are considered higher risk who are managed in the community by multiple agencies. This includes many sexual offenders and domestic abusers. So, many, but not all, are excluded. It depends on the risk they pose,” the source said.
The government has not yet said how many domestic or sexual abusers will be released under the scheme.
Robert Jenrick, the shadow justice secretary, was granted an urgent question in the Commons on the change. He said the decision was “wildly unpopular” and “risks the safety of the public”.
He said: “[Mahmood] has refused to take the judiciary up on their offer of extra sitting court days. Instead she has decided to let out early criminals who reoffend or breach their licence. There is no punishment or deterrent for criminals who immediately reoffend or cheat the system.”
Gavin Williamson, the Tory former defence secretary, asked ministers to disclose the number of domestic abuse offenders who would be eligible for the scheme.
Nic Dakin, the justice minister, replied: “I hear his question and I will write to him.”
Dakin said others who would be excluded from the scheme included those guilty of terrorist or national security offences, and criminals with a higher level of risk management, which included some sexual and violent offenders, including domestic abusers.
Andy Slaughter, the Labour chair of the justice select committee, said the crisis was the responsibility of the previous government and called for a review of the number of prisoners on recall in the prison population.
“We have to look at the way that recall has developed. There were 100 cases over 30 years ago, to over 13,000 today – it is over 15% of the prison population,” he said.
