The Government’s decision on Prison Recall.

By Ollie Tween, Executive Director, Ask Joan; Former Police Detective

On Wednesday, Justice Secretary Shabana Mahmood announced a major shift in how prison recalls will be handled. Offenders serving sentences of under four years who breach their licence conditions will now be returned to prison for a fixed period of 28 days.

Previously, recall durations were determined on a case-by-case basis through risk assessments. Offenders could be held for the remainder of their sentence if they were deemed a continuing risk to the public. This new fixed-term approach is part of the government’s emergency plan to reduce strain on England and Wales’ prison estate, which is operating at near full capacity while new facilities are built.

Why This Matters for Domestic Abuse Survivors

While the urgency to address prison overcrowding is understandable and the policy may seem pragmatic on paper, it carries serious and dangerous consequences, particularly for survivors of domestic abuse. Most domestic abuse-related convictions result in sentences of four years or less. This means the majority of domestic abusers will fall within the scope of the new 28-day recall scheme.

Under the revised system, perpetrators who breach their release conditions, often by continuing to stalk, harass, or intimidate their former partners, could be released again after just 28 days in custody, regardless of the level of risk they pose.

Domestic abuse is rarely a one-off offence. It is typically a sustained pattern of coercive, controlling behaviour. Survivors often live in fear that their abuser will return, and in many cases, they do. A policy that enables repeat offenders to return quickly to the community does not protect survivors and weakens the justice system’s role in safeguarding vulnerable individuals.

A Contradiction of Recent Commitments

This policy also contradicts recent public commitments made by both the government and police forces to improve their response to domestic abuse. Earlier this year, the Home Office published its updated Tackling Domestic Abuse Plan. It pledged to treat violence against women and girls as a national threat and to prioritise long-term safety over short-term offender management. Police forces, including the Metropolitan Police, have publicly acknowledged past failings and committed to rebuilding trust, improving investigative standards, and delivering survivor-centred support.

This recall change undermines those pledges. It suggests that domestic abuse is still not being taken seriously and risks destroying the fragile trust survivors are beginning to rebuild with institutions that have let them down in the past.

Voices of Concern

The announcement has sparked significant backlash. Dame Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales, said she was “deeply concerned” by the changes and called for domestic abuse perpetrators to be excluded from the scheme. She warned that the policy would place further strain on probation services and increase the risks faced by survivors.

Refuge, the national domestic abuse charity, also raised concerns. Ellie Butt, their Head of Policy, explained that perpetrators often breach licence conditions in order to reassert control and continue their abuse. She added that the probation system, already under pressure, may not be able to supervise these offenders effectively under such a short recall period.

In Parliament, Conservative MP Sir Desmond Swayne also highlighted the risks. He warned that the fixed 28-day recall period could become “a green light for persistent domestic abusers to continue their campaign of control with minimal disruption.”

What About Safety Nets?

According to the Ministry of Justice, some protections will remain. The policy does not apply to offenders serving sentences over four years, and probation officers can still make recommendations about licence conditions or early release. The government has also said it plans to improve data tracking and introduce electronic monitoring for offenders.

However, these measures are not yet in place. As Dame Jacobs pointed out, existing protections are already falling short. Adding further pressure to already stretched services without first strengthening them is a dangerous move.

Law Enforcement Perspective

As a former police detective, I understand the importance of prison recall in protecting survivors. It allows authorities to intervene when there are signs of escalating behaviour, often before serious harm occurs. Reducing the recall period to 28 days without a risk assessment removes a vital tool for keeping people safe. It will also increase pressure on frontline police who will be left to manage repeat offenders with fewer options available.

A Personal Reflection

Now, as Executive Director of Ask Joan, I work daily with survivors, professionals, and agencies striving to protect those at risk. Policies like this can’t just be looked at through the lens of capacity and logistics. They must be measured by the human cost. If even one survivor is harmed because a dangerous offender was prematurely released, then the system has failed in its most fundamental duty: to protect.

Our Position

We at Ask Joan, along with the Domestic Abuse Commissioner, Refuge, and a growing number of MPs, are calling on the government to urgently reconsider this policy. Domestic abuse offenders must be excluded from the 28-day recall scheme. Managing prison populations must not come at the cost of survivor safety.

If you or someone you know is affected by domestic abuse, contact the National Domestic Abuse Helpline at 0808 2000 247. Support is free, confidential, and available 24/7.