Prison lawyers have urged the new Lord Chancellor to reinstate the routine use of the Home Detention Curfew (HDC) scheme after the government paused an early prisoner release programme aimed at easing pressure on overcrowded prisons.
Prime Minister Andy Burnham recently instructed Justice Secretary Alex Norris to suspend the early prisoner release scheme while an urgent review is carried out to assess potential risks to public safety. The programme had been introduced to help address the growing capacity crisis within the prison system.
Following that decision, the Association of Prison Lawyers (APL) has written to the Justice Secretary, calling for immediate action to restore the Home Detention Curfew scheme. Under the HDC programme, eligible prisoners who successfully complete a risk assessment may be released before the end of their sentence under an electronically monitored curfew, allowing them to transition gradually back into the community.
In a letter seen by the Law Gazette, APL Chief Executive Laura Janes stated that, in anticipation of the now-paused early release programme, His Majesty’s Prison and Probation Service (HMPPS) informed prisoners that from 25 June 2026 it would no longer routinely process applications for release under the Home Detention Curfew scheme.
According to the Association, the decision has left many eligible prisoners uncertain about their release dates and has resulted in numerous enquiries from individuals who had expected to be released under electronic monitoring in the coming weeks or months.
The organisation argues that suspending the routine processing of HDC applications without publishing a formal policy raises concerns about compliance with established public law principles. It also warns that preventing eligible prisoners from accessing the scheme could place even greater pressure on an already overcrowded prison estate.
The Association of Prison Lawyers has urged the government to reverse the decision as a matter of urgency, arguing that reinstating the Home Detention Curfew scheme would not only provide greater certainty for eligible prisoners but also support the wider objective of managing prison capacity while maintaining appropriate public safety safeguards.
