News, Yorkshire
A woman who was abused by her ex-partner has received an apology from the Ministry of Justice after an admin error left her believing he would be released early from prison.
Martin Underwood, 49, attacked Elizabeth Hudson at their home in Barnsley in April 2021, before assaulting a second victim while out on police bail.
Underwood was not eligible for the early release scheme but due to “key details” missing from a court warrant, the Ministry of Justice (MoJ) told Ms Hudson he could be released in June 2025.
The MoJ has now apologised for the error. Underwood will remain in prison until his standard release date.
The early release scheme saw 1,700 offenders leave prisons to deal with overcrowding – but due to the domestic abuse aspect of Underwood’s convictions he was not eligible for the programme.
An MoJ spokesperson said: “He will remain behind bars until his standard release date. We would like to apologise to Elizabeth Hudson for this error.”
Ms Hudson said she was “exhausted” from fighting the error, which she said had robbed her of “months of peace” since she had received a letter in September about Underwood’s possible early release.
“They kept telling me over and over, ‘no, he is serving a sentence for causing actual bodily harm and therefore is eligible [for release]’.
“I knew that wasn’t the reality of the situation.
“It was like banging your head against a brick wall, trying to get through to anybody who would listen.”
Underwood was jailed for six years and three months in February 2023 after admitting assault occasioning actual bodily harm and making threats to kill Ms Hudson.
He admitted non-fatal suffocation against a second woman, which he committed while on bail in the two years between attacking Ms Hudson and being jailed.
‘Exhausting’
Under the early release scheme, some offenders who had completed 40% of their sentence – rather than the usual 50% – were automatically released.
It excluded people convicted of certain offences, including those connected to terrorism, national security, or to domestic abuse, such as stalking or non-fatal strangulation.
Ms Hudson said: “It has taken so much over the last few months, you start to feel like you’re going mad.
“It was only when I finally got hold of a copy of the judge’s sentencing remarks that I had it in black and white.
“The criminal justice system feels like you’re battling against it at every single step as a victim, and it’s exhausting, and it shouldn’t be like that.”
She said crimes connected with domestic abuse, such as Underwood’s conviction, should be listed as an aggravated offence.
“We can’t prevent domestic abusers being released from prison, because they’re not listed as domestic abusers,” she said.
An MoJ spokesperson thanked Ms Hudson for “alerting” them to the error and said the organisation was focusing on long-term reforms.
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