The draft Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024
323Ayes
81Noes
Carried · majority 242 · Government won244 did not vote
648 Members · Aye 323 · No 81 · DNV 244 · grey dots in centre are abstentions
Analysis
Commons
Commons
Parliament voted on 25 July 2024 to approve the draft Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, a statutory instrument that cuts the standard point at which prisoners in England and Wales are released from 50% to 40% of their custodial sentence. The measure passed by 323 votes to 81. The order takes effect as an emergency measure to relieve severe overcrowding in English and Welsh prisons. In practical terms, prisoners serving standard determinate sentences will be released ten percentage points earlier than before. The government framed it as a necessary short-term step to prevent the prison system from running out of usable capacity. Certain categories of offender, including those convicted of serious violent or sexual offences, are excluded from the change. Labour MPs voted unanimously in favour, providing the government's majority, while the Conservative Party and Reform UK voted entirely against, with 74 Conservative and 5 Reform UK MPs in the no lobby. Three Green MPs supported the measure. The vote falls in the first weeks of the new Labour government and reflects a tension between its inherited prison capacity crisis and Conservative and Reform opposition framing early release as a threat to public safety.
Voting Aye meant
Support early release of prisoners at 40% of sentence to address the prison capacity crisis
Voting No meant
Oppose reducing the custodial period, arguing it weakens sentences and undermines public safety
Each row is one party. The stacked bar gives the within-party split of Aye / No / Absent; the columns on the right give the raw counts. The whip column shows the published party position — “Free vote” means the whip was formally removed for this division.
Party
Whip
Aye / No / Abs
Aye
No
Abs
Labour Party
Whipped Aye
289
0
72
Conservative and Unionist Party
Whipped No
0
74
42
Liberal Democrats
—
0
0
71
Labour and Co-operative Party
Whipped Aye
29
0
13
Independent
—
2
1
11
Scottish National Party
—
0
0
9
Reform UK
Whipped No
0
5
2
Sinn Féin
—
0
0
7
Democratic Unionist Party
—
0
2
3
Green Party of England and Wales
Whipped Aye
3
0
1
Plaid Cymru
—
0
0
4
Social Democratic and Labour Party
—
0
0
2
Your Party
—
1
0
1
Alliance Party of Northern Ireland
—
0
0
1
Restore Britain
—
0
0
1
Speaker
—
0
0
1
Traditional Unionist Voice
—
0
0
1
Ulster Unionist Party
—
0
0
1
Source · Hansard · UK Parliament Votes API · whip status from announced positions; “free vote” indicates the whip was formally removed
The measure is a necessary emergency response to prevent total collapse of the criminal justice system by September; it includes strict safeguards, exclusions for serious offences, and a review at 18 months—without a sunset clause to avoid irresponsible gimmicks.Labour · Voted aye · Read full speech (5,286 words) →
While recognising prison pressures, the Opposition is deeply troubled by the lack of detail, unclear exclusions that may catch serious offences like GBH, absence of a sunset clause, and insufficient information on resources for probation, police, and housing services.Conservative · Voted no · Read full speech (1,443 words) →
Supports the measure as the only realistic option; welcomes the government's intent and calls for additional long-term action on court delays, reoffending, remand population, and IPP prisoners.Labour · Voted aye · Read full speech (1,399 words) →
Recognises this is probably the only option available to the government but expresses concern about high reoffending rates and calls for clearer reporting, systemic court reform, and improved rehabilitation and community supervision.Liberal Democrat · Voted no_vote_recorded · Read full speech (1,321 words) →
Strongly supports the measure as necessary and proportionate; criticises the Opposition for inaction and gimmicks, and emphasises the need for long-term change including prison reform and reoffending reduction.Labour · Voted aye · Read full speech (1,362 words) →
Expresses grave public safety concerns; questions whether alternatives were considered, seeks clarity on victim protections, impacts on local services, financial implications of the £2.2 billion prison-building saving, and calls for a sunset clause.Conservative · Voted no · Read full speech (2,435 words) →
Opposes the measure on principle, arguing prison is fundamentally about punishment; advocates for building more prisons (including 'Fry prisons'), tackling remand numbers and foreign national offenders, and proposes a sunset clause as substance for the government's promises.Conservative · Voted no · Read full speech (931 words) →
Sources
Division dataUK Parliament Votes API
DebateHansard · Commons
Stance analysisAI analysis · Claude 4.x
LicenceOpen Parliament Licence v3.0