The policy – SDS40

To tackle the ongoing overcrowding crisis in prisons, the Lord Chancellor recently laid a draft statutory instrument (SI) that – if approved – would see a reduction in the time served in prison for certain people currently serving Standard Determinate Sentences (SDS) from 50% of their sentence to 40%. It is recommended that there will be exemptions, on an offence basis, including for offences related to sexual violence and certain domestic abuse offences.

The measure will be temporary, to be reviewed in 18 months, and will apply both retrospectively and to the newly sentenced. The draft SI (which lists the excluded offences) was laid before Parliament on 17 July 2024, which will need to be approved by Parliament before it becomes law and these changes subsequently come into effect. The SI will have two recommended commencement dates for two tranches of releases: firstly, on 10 September to those serving sentences of five years or less; and then on 22 October for those having served sentences of five years or more.

What we are doing and next steps

This week, Clinks attended a special roundtable meeting of the Third Sector Strategic Partnership Board, at which discussions took place regarding the implementation of SDS40 – once approved by Parliament. The voluntary sector was also represented by RR3 seat holders for resettlement, substance misuse, families, women, lived experience, youth justice and older people. Charitable funders were also well represented.

In attendance were senior officials from both the Ministry of Justice and HM Prison and Probation Service, both those responsible for the policy’s implementation as well as officials responsible for managing the range of policy areas; such as accommodation, that will be impacted by SDS40. There were a range of concerns raised by sector representatives, predominantly centred on the need to ensure that sufficient resettlement support is in place following the implementation of this policy.

Over the coming weeks, Clinks will be coordinating efforts to ensure that the sector is best supported to deal with the impact of this proposed policy. We are talking to funders so that voluntary organisations can most effectively provide vital, through-the-gate services. We will also be bringing together the RR3’s Accommodation SIG, with officials, to share best practice in supporting people coming out of prison into accommodation and to explore what further steps are required to ensure that accommodation support is in place for people eligible for SDS40. We are also providing advice on the recommendation in the Accommodation SIG paper on how you could provide support for people modelled on the experience of departure lounges. Additionally, officials are seeking practical examples on the impact of recall policy, particularly with regards to people being recalled as a result of being homeless.

We will be putting information in Light Lunch, this Friday, regarding the RR3 Accommodation SIG, and welcome any interest from organisations working in the accommodation space. Please do keep an eye out for Light Lunch for further information in terms of future meetings of the Accommodation SIG. For further information on the details of SDS40 or on the next steps in terms of its implementation, please do get in touch with Clinks Head of Influence & Communications, Sam Julius.

Please also see for Clinks’ press release on the initial announcement.

Image credit: JOHN K THORNE - HMP Canterbury is a former prison in Canterbury, Kent, Eng… | Flickr