Criminals will be released 60 days early to tackle prison overcrowding, government says

Criminals could now be released 60 days before the end of their sentences to free up space in Britain’s almost completely full prisons, the government has said.

The Justice Secretary Alex Chalk announced the emergency measures last night which will mean burglars, domestic abusers and some violent criminals will get released two months early. It comes as the Telegraph reported that there are fewer than 250 places available in prisons in England and Wales, out of a capacity of more than 89,000. 

These internal documents show that male prisons are 99.7% full, while female prisons are 96.9% at capacity. Official statistics state that there are 933 places available.

The Prime Minister’s spokesman said: “It’s a temporary measure and it will be used at an operational level by the prisons and probation service, and it won’t be used any longer than is necessary.” It will be up to prison governors to decide whether criminals need to be released early to free up space.

Union sources previously told NationalWorld that there is “literally no space in prisons”, and the Prison Officers’ Association has warned of widespread burnout among staff. Overcrowding in prisons has been getting towards a crisis point over the last 12 months, with reports prisoners are sharing cells and being moved around the country at short notice.

The government started releasing prisoners 18 days early last year, before doubling this to 35 days last week. This period has now been increased to 60 days, which is unprecedented. Judges were also reportedly told not to sentence criminals due to overcrowding. Criminal Barristers Association chair Tana Adkin KC said last year: "Some violent offenders and thieves have already been spared jail and instead handed sentences in the community."

Explaining the early release extension, Chalk said: “We will enable this to happen, for a time limited period, and work with the police, prisons and probation leaders to make further adjustments as required. This will only be for certain low level offenders. Where necessary, electronic monitoring will be applied, enhancing public protection.”

Convicted terrorists, sex offences, category A prisoners and violent offenders serving four or more years are not eligible for early release. The Justice Secretary added: “We will always ensure we have sufficient prison capacity in order to lock up the most serious and dangerous offenders. 

“We are on track to deliver 10,000 new prison places by the end of 2025 and have a long-term commitment to build 20,000 new prison places overall, the largest prison building programme since the Victorian era. In addition, we are doubling up cells where safe to do so.”

Shadow Justice Secretary Shabana Mahmood commented: “Successive Conservative governments have failed to build enough prison places. This has led to them granting early release to violent criminals, domestic abusers, and burglars. It’s a crisis of the Tories’ own making and it puts the public at risk. 

“Under the cover of darkness, they’ve snuck out that they are extending the scheme from 18 days early release up to an unprecedented 60 days. The public will be rightly alarmed.

“This government has been releasing prisoners in secret, including domestic abusers – and has activated a supposedly temporary scheme indefinitely. This is completely unacceptable and the Justice Secretary has a duty to be candid with the public.”

Mahmood has written to Chalk demanding he appears in the House of Commons over this. She said that from the start of the scheme Chalk has “chosen not to be transparent with the House and the public”.  

Her letter says: “You have already secretly expanded the scheme even before the 11 March 2024 announcement. Last month we learned from a leak to the media that the scheme would be used in more prisons and, according to unpublished guidance to prison governors, be “activated for an undefined period”. 

“Now we have learnt that eligibility for early release is to begin up to an unprecedented 60 days in advance – over three times the number of days on licence as under any previous scheme. No other government has ever found itself having to do this and yet the House has been provided with only a written statement quietly put out late in the evening.

“This is plainly inadequate given the gravity of the situation. You have a responsibility to be candid with the House and the public about the reasons why this scheme has been expanded and the impact it is having.”

Mahmood has called on Chalk to explain how many prisoners have been released early under the scheme, which types of offenders are getting early release and how the public is being protected. Chalk is due to speak in the Commons later today (12 March).

Ralph Blackburn is NationalWorld’s politics editor based in Westminster, where he gets special access to Parliament, MPs and government briefings. If you liked this article you can follow Ralph on X (Twitter) here and sign up to his free weekly newsletter Politics Uncovered, which brings you the latest analysis and gossip from Westminster every Sunday morning.