Another 1,100 Inmates to Be Released Early Amid Prison Overcrowding

A prison guard walks past HMP Wandsworth prison in London on July 12, 2024. Dan Kitwood/Getty Images

Some 1,100 more prisoners are going to be released early on Tuesday, as part of the government’s plan to ease overcrowding in prisons in England and Wales.

In July, Justice Secretary Shabana Mahmood announced plans to temporarily cut the minimum time convicts must serve behind bars from 50 percent to 40 percent, with the government authorising the release of its first batch of 1,700 inmates in September.

The decision was made after the Ministry of Justice (MoJ) said that overcrowding has pushed jails to the “point of collapse.”

Prison populations hit a record high of 88,521 on Sept. 6, days ahead of the first wave of releases. The latest prison figures put the population at 87,028.

Around 5,500 inmates could be released early under the scheme, which the government will review in 18 months.

Released by Mistake

The government had promised that those who had committed serious offences, such as violent or terror offences, would be excluded from the scheme.

But weeks after the first wave of releases, Prime Minister Sir Keir Starmer admitted that dozens of criminals who were convicted of offences related to domestic abuse were set free early, owing to a technical error which meant their records were not flagged as ineligible for the programme.

Prisoners released early could be recalled to custody if they breach their licence conditions and reoffend. Chief Inspector of Prisons Charlie Taylor said last month that it was “inevitable that some of these prisoners will get recalled to custody and it’s inevitable that some of them will go out homeless.”

Taylor said this was in part owing to the pressures that releasing so many prisoners in such a short space of time has on the prisons and probation services, meaning some former inmates would fall between the cracks and not get the right support they need to reintegrate into the community.

Around 1,000 prisoners are released every week, and adding an additional 1,000-plus in a single day as part of the government’s scheme could put added pressure on probation services.

The justice minister admitted to Parliament on Sept. 10—the day the first wave of prisoners were released early—that some among the scheme could end up in hotels if there is not enough space in bail hostels and other community accommodation.

Magistrates’ Sentencing Powers Increased

Last week, Mahmood announced that from Nov. 18, magistrates’ sentencing powers will be increased in a bid to cut the court backlog and ease overcrowding in reception jails, with the remand population at a record 17,000.

The justice secretary said on Thursday that magistrates will be able to hand down sentences of up to one year, which is twice the length that they are currently permitted to hand out.

This will allow magistrates to try more serious crimes rather than having to refer them to crown courts, which in turn would free up 2,000 days of crown court sitting time, allowing them to deal with their backlogs.

Mahmood said the plans would mean a reduction in the number of people being held on remand, but admitted that it would result in a “slight increase in the overall prison population.”

Prison population in England & Wales. PA Wire

The secretary of state told the House of Commons: “Unless we address our remand population, we could still see a collapse of the system, not because of a lack of cells, but because we do not have those cells in the places we need them. It is therefore crucial that we bear down on the remand population.”

“This measure allows us to manage our prison population smartly, and it means we can both address our prisons crisis and tackle the courts backlog,” she told MPs.

‘Knee-Jerk Reaction’

However, the Criminal Bar Association (CBA) said that the changes in powers will “simply make things worse.”

CBA Chairwoman Mary Prior, KC said: “This is a knee-jerk reaction, done without consulting, once again, the criminal barristers or solicitors who deal every day with these cases. The government must stop simply tinkering around the edges of a system in the midst of collapse.

“We had hoped that a new government would be a new start. There is still time for this government to stop headline grabbing policies and begin the vitally important process of rescuing the criminal justice system.”

PA Media contributed to this report.