The Government has announced that people convicted of rape, serious child sexual offences and grooming offences will be excluded from planned changes to prison sentences under the Sentencing Act 2026.

The announcement follows months of campaigning by survivors, campaigners and organisations supporting victims, including the child abuse team at Switalskis. Alongside our clients and others affected by the proposed reforms, we have been calling for these offences to be excluded from the early release provisions.

The decision is a welcome recognition of those concerns and demonstrates the impact that survivors can have when their voices are heard. However, questions remain about how the reforms will affect victims of other serious offences and whether sufficient safeguards will be in place for those whose offenders are still eligible for earlier release.

Switalskis welcomes the change but calls for greater clarity

Amy Clowrey , Director and Solicitor in Switalskis specialist child abuse team said:

"Last night’s announcement shows that when survivors, campaigners and those working with victims speak with one voice, change can happen.

"Excluding rape, serious child sexual offences and grooming offences from the early release provisions is the right decision and reflects the concerns raised by survivors and those who work alongside them. However, it remains unclear what the Government determines a “serious” child sexual offence is and this needs clarifying urgently.

"Victims of other serious violent offences also deserve confidence that sentences imposed by the courts will be served as intended, and the success of these reforms will depend on whether probation services have the resources to manage offenders safely in the community. We must continue to ensure that victims remain at the heart of any sentencing reform."

What has changed?

Announced late evening on the 3 August, the Government has confirmed that offenders convicted of rape, serious child sexual offences and grooming offences will be excluded from the forthcoming early release provisions.

These offences will join existing exclusions that already apply to offenders serving life sentences and those deemed by the courts to pose the greatest risk to the public.

Sarah Wilson, a client represented by the abuse team at Switalskis spoke with Sky News this morning, saying: “It feels like a victory and also a bittersweet moment. We’ve been campaigning for the last month or so and the news last night felt like a weight had been lifted off our shoulders.”

The Government has said the change is intended to balance public protection with the continued pressure on prison capacity.

Prime Minister Andy Burnham said:

“Keeping the public safe is my top priority. That’s why I asked for an urgent review of the prisoner release scheme. I fully understand the anger, anxiety and distress that’s been caused. I’ve heard that loud and clear. That’s why we’re making significant changes: offenders who have been sentenced for rape, serious child sex offences and other grooming offences will be excluded from the changes.

“I want to be honest - I wanted to go even further as I know there will still be concerns about other offenders having their sentence shortened. But it’s not possible without the prison system reaching capacity and collapsing, which would put public safety at much greater risk. That’s why we will also be introducing much tougher community measures. There will be a presumption that all offenders are tagged, longer periods of supervision and tough new rules, including restriction zones for offenders.

“As a country, we haven’t invested in the prison estate when we should have, going back over a decade. This has created an unacceptable situation, with our adult male prisons now at 98 per cent capacity. For too long, the problems facing our prison system have been ignored – and it’s the victims who have been paying the price. That is not good enough. My government will deliver the fastest prison building programme since the Victorian era and do what’s necessary to fix the prison crisis.”

Increased supervision for offenders released into the community

The wider sentencing reforms will still apply to many other offenders, with the Government introducing additional probation measures designed to strengthen supervision in the community.

These measures include:

• Near real-time GPS monitoring to allow probation staff to monitor offenders' movements.
• Electronic alerts when offenders risk breaching exclusion zones.
• Random drug testing for eligible offenders.
• Expansion of chemical suppression programmes to additional probation regions for managing sexual offending.
• New powers enabling probation to restrict offenders from driving, attending licensed premises and visiting certain events where appropriate.

Stronger monitoring of serious sexual offenders after release

The Government has also announced enhanced supervision for offenders convicted of rape or serious child sexual offences after they have completed their custodial sentence.

The measures include:

• GPS monitoring for 12 months following release.
• Placement within the highest levels of probation supervision.
• Consideration of referral to Approved Premises where appropriate.
• Enhanced risk management for offenders linked to organised child sexual exploitation, including strengthened multi-agency oversight and more robust licence conditions.

Additional support for victims

Alongside the sentencing changes, the Government has announced further measures intended to strengthen support for victims.

These include:

• Improved communication with victims affected by the reforms, regardless of sentence length or whether they are registered with the Victim Contact Scheme.
• A £10 million investment in local victim support services to provide additional trauma-informed support.
• A delay to the implementation of the reforms to allow more victims to be informed and consulted on licence conditions, including exclusion zones where appropriate.
• A dedicated victim helpline, expected to launch by October, offering practical advice and emotional support.

The Government's announcement addresses one of the key concerns raised by survivors and organisations supporting victims of abuse. However, questions remain about how some of the reforms will operate in practice, including how certain offences will be classified and whether probation services will have sufficient resources to supervise offenders effectively.

As the reforms are implemented, ensuring that victims' voices continue to shape sentencing policy and public protection measures will remain essential.

Find out how Switalskis can help you

Every survivor of abuse deserves justice. That means holding perpetrators fully accountable, and it also means ensuring survivors are supported to reclaim their voice, rebuild their sense of control, and pursue the compensation they are entitled to for the harm they have suffered.

At Switalskis, our specialist abuse lawyers have decades of experience in representing survivors of child sexual exploitation. We understand that such cases are very emotional for clients and often legally complex, therefore we are dedicated to providing a supportive and professional environment in which our clients can feel confident in our services. We are committed to ensuring our clients receive the compensation they deserve.

If you have been impacted and would like to discuss your experience in confidence, our specialist abuse team   can help. Call 0800 1380 458  or email help@switalskis.com.