Prisons overcrowding crisis: Why are some criminals being released early?

The Government is set to free around 1,700 prisoners on Tuesday from jails across England and Wales in a bid to cut overcrowding.

This is in addition to around 1,000 prisoners who are typically freed each week.

– What is happening and why?

Justice Secretary Shabana Mahmood announced plans in July to temporarily cut the proportion of sentences inmates must serve behind bars from 50% to 40% as the Ministry of Justice (MoJ) said overcrowding had pushed jails to the “point of collapse”.

On Monday, Downing Street said the policy had to be brought in to avoid “unchecked criminality” where the police and courts are unable to lock anyone up.

– When will prisoners be released and how many?

Around 1,700 will be freed on Tuesday, with a similar number also anticipated to be freed in October.

–  What types of criminals could be freed?

The Government said the policy will not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences.

But campaigners and charities warned that the scheme may come at the expense of women and children’s safety, while others raised concerns that it would push probation services to breaking point.

Last month it emerged rioters were among those who could end up spending less time behind bars as the Government confirmed those involved in recent unrest would not be excluded from the early release plans.

This is despite Prime Minister Sir Keir Starmer repeatedly insisting perpetrators of the violence would feel the “full force of the law”.

While there is no specific exclusion for rioters, those convicted of serious violence and serve sentences of four years and over, or a terrorism offence, will be excluded, officials said.

– What happens if inmates released early go on to re-offend?

If prisoners breach their licence conditions – a set of rules which they must adhere too once out of jail typically including restrictions on their movements and who they speak to – they could find themselves back behind bars. This is called being recalled to custody.

Depending on the breach, if they have committed another crime, they could be investigated by the police and prosecuted so could end up back in court, facing more time behind bars.

Anyone recalled to prison has to be considered for release by the Parole Board before they can be freed again.

– Will this solve the problems with overcrowding?

No, it will only ease capacity problems in the short term.

Prison figures have warned the move will only buy time for about a year before the same issue could be faced again so there are calls for longer term strategies to address the number of people being held behind bars.

This could include reforming sentencing rules so some criminals avoid jail altogether, particularly for crimes considered low level or not as severe and those which may attract shorter prison terms.