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View out from inside a British prison – HMP Bronzefield, a women's prison in Surrey – through open gates with sunlight streaming through the aperture and the barred windows to either side. Two female prison guards stand in the gateway.
‘Certain low-level offenders’ could be released early, subject to conditions such as electronic tagging, the justice secretary said. Photograph: PA Images/Alamy
‘Certain low-level offenders’ could be released early, subject to conditions such as electronic tagging, the justice secretary said. Photograph: PA Images/Alamy

Prisoners could be let out 60 days early to relieve crowded jails in England and Wales

This article is more than 4 months old

Justice secretary announces plan to release ‘certain low-level offenders’ early and also reduce number of foreign prisoners held

Prisoners could be released from jail two months early, the justice secretary has announced, as the pressure on overcrowded prisons intensifies.

In a written ministerial statement, Alex Chalk said prisons in England and Wales would have licence to release “certain low-level offenders” up to 35 days before their sentence was due to end. Officials said the statement would also allow the UK government to extend early release to up to 60 days if necessary in the future.

Male prisons are 99.7% full, with just 238 spaces left out of an operational capacity of 85,000, according to the Daily Telegraph, while women’s jails are 96.9% full with just 118 spaces left.

Chalk announced in October that the government would use the powers it had to allow the Prison Service to let some prisoners out of jail up to 18 days early to ease overcrowding. This did not apply to anyone serving a life sentence, an extended determinate sentence, a sentence for an offence of particular concern, anyone convicted of a serious violence offence, anyone convicted of terrorism, or anyone convicted of a sex offence.

He also said the power would only be used in certain areas, for a limited period, and that offenders let out early would be subject to conditions which could include tagging.

In Monday night’s statement, Chalk said there was a need to “address the unsustainable growth in the remand population” since the coronavirus pandemic, saying those held in remand had increased by more than 6,000 in 2019 to more than 16,000 at present.

He added: “We will also extend the existing end of custody supervised licence measure to around 35-60 days. 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. Ministers will continue to keep use of this measure under review.”

Chalk also shared plans to reduce the number of foreign prisoners, who make up more than 10,000 of prisoners in England and Wales, by restricting visas for any country “where no progress on … removals can be made”. He said his measures would allow for almost double the number of foreign prisoners to be returned directly from prison in 2024, compared with last year.

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Shabana Mahmood, Labour’s shadow justice secretary, criticised the plans to extend the scheme to 60 days, saying it had been “snuck out” on Monday night “under the cover of darkness”.

Mahmood said: “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.”

More on this story

More on this story

  • MoJ cuts maximum time high-risk offenders spend in hostel supervision

  • About 5,500 prisoners to be released early in England and Wales

  • Rishi Sunak ‘risked breaching legal responsibilities over prison crisis’

  • Fears UK prisons face ‘collapse’ as they could be full before early release scheme begins

  • Take it from a former prisons inspector: letting offenders out early won’t fix our broken system

  • Sunak government freed more than 10,000 prisoners up to 70 days early

  • Sunak and ministers are ‘guilty men’ in prisons crisis, says justice secretary

  • Could Britain solve its prisons crisis by going Dutch?

  • Starmer ‘shocked’ about prisons crisis as early release scheme prepared

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