The justice secretary has announced that around 5,500 prisoners will be released early as part of a temporary scheme in September and October to address the overcrowding crisis in prisons. The move, which aims to “avert disaster,” is the first time the government has provided an official figure for the number of prisoners set for early release in England and Wales.
Justice Secretary Shabana Mahmood informed MPs that prisons would overflow by September, leaving no choice but to implement emergency measures. “It is now clear that by September of this year, our prisons will overflow. There is only one way to avert disaster,” she said, adding that Prime Minister Rishi Sunak had “left a ticking timebomb” when he called the election.
On Tuesday, The Guardian revealed that senior civil servants had warned Sunak just a week before he called the election that his failure to act on the prison overcrowding crisis could breach his legal responsibilities.
Mahmood explained the potential consequences if action was not taken: “If our prisons run out of space, courts would grind to a halt, suspects could not be held in custody, and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to act now, we face the prospect of a total breakdown of law and order.”
Currently, most prisoners serving standard determinate sentences are released at the halfway point of their term. However, under the new temporary law, prisoners who do not fall into exempt categories, such as those convicted of serious crimes, will be released after serving 40% of their sentence instead of 50%.
The government’s impact assessment estimates that approximately 5,500 prisoners will be released between September and October. Mahmood stated that the plan would be reviewed in 18 months when the situation in prisons is expected to stabilize. Data on the number of prisoners released will be published quarterly.
A review will also take place to determine how the capacity crisis in prisons was allowed to escalate. Mahmood assured the public that every precaution is being taken, highlighting that exclusions will apply to those convicted of the most dangerous crimes, including sexual offenses, serious violent offenses, and domestic violence-related crimes, such as stalking.
