To alleviate severe overcrowding in English and Welsh prisons, the justice secretary has announced the early release of over one thousand inmates. This measure addresses an immediate capacity crisis.
The plan targets offenders serving sentences of one to four years who have been recalled for license breaches; they will be released after 28 days instead of undergoing the standard parole board process.
Justice Secretary Shabana Mahmood cited a £4.7bn investment in new prison facilities, but emphasized that construction alone cannot solve the current crisis.
A senior Ministry of Justice (MoJ) official warned that without intervention, prison capacity would be exhausted within five months.
This announcement contradicts a recent statement by the prisons minister denying further emergency releases. Mahmood countered that this release of approximately 1,400 inmates provides crucial breathing room while systemic reforms are implemented.
The early release excludes individuals who have committed serious further offenses or are deemed high-risk. The government justifies bypassing the parole board, citing existing delays in assessments that would have already led to these releases.
Implementation is anticipated within the coming weeks.
Despite plans to commence construction on three new prisons this year, Mahmood stressed that building alone won’t resolve the crisis, highlighting a potential lack of space for male offenders by November.
The prison expansion project will receive £4.7bn in capital investment over five years (post-2026).
Three new prisons are planned, with construction beginning near HMP Gartree in Leicestershire later this year. A fourth, HMP Millsike near York, opened earlier this year.
Changes from an upcoming sentencing review, led by David Gauke, are not expected until Spring 2024.
Amy Rees, the MoJ’s interim permanent secretary, projected that England will run out of prison places for adult men by November 2023, based on current trends.
The recalled prisoner population has risen to 13,583 (out of 88,087), leaving only 1,355 spaces below operational capacity (89,442). Projections estimate this to rise to 95,700-105,200 by March 2029.
Wednesday’s announcement applies to offenders (sentences of one to four years) recalled for license breaches (e.g., curfew violations), excluding those returned for re-offending.
Shadow justice secretary Robert Jenrick criticized the plan, asserting it fails to protect the public by releasing criminals who re-offended or violated their licenses.
The Prison Officers Association chairman argued that new prisons won’t resolve overcrowding and advocated for investment in prison modernization, probation services, mental health facilities, and robust community sentencing.
A victim whose perpetrator was recalled for breaching a restraining order described the move as “outrageous,” believing it provides an easy escape for criminals.
Dame Nicole Jacobs, Domestic Abuse Commissioner, expressed concerns about victim safety, deeming the proposal dangerous and unacceptable.
This announcement precedes Gauke’s independent sentencing review, expected to recommend increased community-based sentencing.
Last summer, thousands of offenders were released early to prevent a prison capacity crisis. Government data shows 16,231 prisoners were released on license between September and December 2022.
This applied to those serving over five years, excluding those convicted of serious violence, sex crimes, or terrorism.
Additional reporting by Ruth Comerford.
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