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

The Government is set to free more than 1,000 prisoners on Tuesday from jails across England and Wales in the latest bid to cut overcrowding.

This is in addition to around 1,000 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”.

Downing Street previously said the policy had to be brought in to avoid “unchecked criminality” leaving the police and courts unable to lock anyone up.

About 1,700 prisoners were released on September 10, the day the scheme was brought into force, with a steady stream of eligible inmates leaving since that date as they reached the 40% mark in their sentences.

On Tuesday, around 1,100 inmates will be freed as the policy is expanded to those serving sentences of five years or more.

– 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 have 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.

In August 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”.

Those convicted of manslaughter will only be excluded if they have been sentenced to more than four years. Murderers are not eligible as they have to serve mandatory life sentences.

– Do prisoners get any support when they leave jail?

As inmates near the end of their time behind bars, they are meant to be given help to prepare for life outside prison, which includes advice on finding somewhere to live, getting a job and looking after money. They are meant to be offered extra support if they have drug or alcohol addictions, are sex workers or victims of domestic violence.

Prisoners are given a release grant as they leave to help them pay for essentials and transport.

The payment of £89.52 was previously known as the discharge grant and is now called the subsistence payment.

But at less than £100, many charities consider it insufficient.

Depending on their circumstances, they may also be offered other benefits and state financial support.

The terms of their licence may specify where they can live. It will also set out how regularly they need to check in with probation supervisors or support workers.

Some will be required to live in bail hostels or other approved community accommodation first, or secure, approved private residences, if they do not have a home to go to.

Charities and watchdogs have warned that released prisoners often end up homeless and this can increase the risk of them reoffending.

The Justice Secretary said homeless prisoners who are released early could temporarily be put up in budget hotels at taxpayers’ expense.

– What happens if inmates released early go on to reoffend?

If released prisoners breach their licence conditions – a set of rules they must adhere to 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 crop up again, so there are calls for longer term strategies to address the number of people being put behind bars.

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

Last week Ms Mahmood confirmed magistrates’ sentencing powers will be doubled again in a bid to cut the court backlog and ease overcrowding in jails.