Policy background Custodial Sentences Increase in requisite custodial period for certain other offenders of particular concern
A Sentence for Offenders of Particular Concern ("SOPC") must be imposed where there is a conviction for a specified offence (certain terrorist offences and the two most serious child sex offences - rape of a child under 13 and sexual assault of a child under 13) but the offending is not deemed serious enough to attract a life sentence and where the court assesses that the offender is not dangerous and therefore does not require an extended determinate sentence. Under this sentence, an offender may be considered for early release (at either the halfway or two-thirds point of the custodial term) by the Parole Board. If not released early, they must be released at the end of their custodial term to serve a further period of 12 months on licence. The TORER Act 2020 moved the earliest release point for terrorist offenders sentenced to a SOPC from halfway to two-thirds.
	This measure will change the earliest release point for all remaining offences which attract a SOPC (those specified child sex offences), bringing them into line with those terrorist offenders who receive a SOPC. This is in order to achieve consistency between all offenders serving the sentence itself, regardless of the offence committed, and to achieve consistency with the release arrangements that are in place for other serious offenders. This change will ensure that all those who receive a SOPC can be released, at the earliest and at the discretion of the Parole Board, only after having served two-thirds of their custodial term rather than half of the term as at present. The change will also ensure that all those who receive a SOPC are brought into line with the two-thirds release point that applies to other serious offenders. It will align, in particular, with the changes being made in this Act to require certain serious sexual and violent offenders who receive an SDS of 4 years or more to serve two-thirds instead of half their sentence in custody.