Tony Hudgell, as he is now known, was abused so badly that both of his legs had to be amputated when he was just 41 days old. The attack by both parents left him with multiple fractures, organ failure, toxic shock and sepsis. His father Anthony Smith and mother Jodie Simpson were both sentenced to 10 years in prison in 2018. Smith was to be automatically released in early September, the Justice Department said. But Justice Secretary Dominic Raab stepped in and referred Smith’s case to the Parole Board – which he did with Simpson earlier this month. The referral “overrides the automatic parole of a prisoner in certain cases where public safety is at risk,” the department added. A decision on whether to release Smith will “be made by the parole board in due course.” Image: Anthony Smith and Jody Simpson jailed for abusing Tony Mr Raab took advantage of new powers to protect the public from dangerous offenders. Tougher penalties for child abusers came into effect in June. They mean anyone who causes or allows the death of a child or vulnerable adult in their household can now be jailed for life – up from the previous maximum of 14 years. The sentencing changes under the Policing, Crime, Sentencing and Courts Act 2022 are known as ‘Tony’s Law’, after the youngster’s adoptive family campaigned. Tony is now seven. His stepmother Paula Hudgell said she was “extremely grateful” that Smith’s release was on hold. He added: “It shows the importance of why Tony’s Law had to be put in place, as the sentences were absolutely too lenient. “It also continues to highlight the dire need for a child cruelty registry.” Mr Raab said the government’s “first duty is to protect the most vulnerable – and no one is more vulnerable than a child”. He added: “I will do everything in my power to prevent another child from having to endure the abuse that happened to Tony Hudgel. “I have therefore put Anthony Smith’s release on hold and will refer his case to the Parole Board so that any risk he may pose is thoroughly reviewed.” Mrs Hudgell said earlier this month: ‘Tony suffers every day. “The seriousness of Tony’s injuries are life-threatening and that is why we fought for harsher sentences.”