Having now listened to today’s Law in Action, I was interested to have it confirmed (by you and the representative of the Howard League) that the power to release prisoners early which the Lord Chancellor is now deploying is under s.248 Criminal Justice Act 2003. There had been no reference to this in the Lord Chancellor’s statement to Parliament. As you pointed out, this is meant to be confined to early releases for compassionate reasons. Clearly the Lord Chancellor is acting outside his statutory powers. While it may be unlikely that anyone affected is going to be in a position to challenge such a decision, it sets a worrying precedent that deserves to be more widely acknowledged.
Having now listened to today’s Law in Action, I was interested to have it confirmed (by you and the representative of the Howard League) that the power to release prisoners early which the Lord Chancellor is now deploying is under s.248 Criminal Justice Act 2003. There had been no reference to this in the Lord Chancellor’s statement to Parliament. As you pointed out, this is meant to be confined to early releases for compassionate reasons. Clearly the Lord Chancellor is acting outside his statutory powers. While it may be unlikely that anyone affected is going to be in a position to challenge such a decision, it sets a worrying precedent that deserves to be more widely acknowledged.
Thank you. I found the reference in his statement last October. See this piece: https://www.lawgazette.co.uk/commentary-and-opinion/prisons-stalled-bill-raises-stakes-on-early-release/5119093.article