Burglars among criminals to be released early to tackle prison overcrowding
Burglars, shoplifters and some violent criminals will be among prisoners released more than a month early under emergency measures to tackle the jail overcrowding crisis, The Telegraph can reveal.
Next week, Alex Chalk, the Justice Secretary, will announce that prisoners will be freed up to 35 days before their scheduled release date at jails that are so full they are at risk of breaching their official capacities.
It represents a major expansion of an early release scheme that was first introduced in October but has until now restricted governors to freeing prisoners only 15 days before their release date.
It is estimated that some 40,000 prisoners are eligible under the scheme, which covers offenders on fixed sentences who would normally be released automatically halfway through their jail terms.
However, it is restricted to “full” prisons at the discretion of governors, meaning it is likely to be hundreds, rather than thousands, who are released early.
Sex offenders, convicted terrorists, category A prisoners and all violent offenders serving four or more years are excluded.
However, violent offenders serving under four years are eligible, as are burglars, thieves, shoplifters and fraudsters serving any length of fixed-term sentence.
It follows internal warnings that prison places could run out within weeks as courts ramp up cases and prosecutions are set to increase following the uplift of 20,000 police officers. Last month, there were just over 1,000 spaces available out of 89,041.
In an interview with The Telegraph last month, Mr Chalk said his “first, second and third” priorities were to increase prison capacity.
He pledged to “do whatever it takes to keep the British people safe” and ensure that there were sufficient prison places to accommodate criminals jailed by the courts.
Ministers are drawing up measures to target the 10,000-plus foreign prisoners to fast-track their deportation. “We must take further steps to drive down the number of foreign criminals who increasingly are clogging up the system,” said a source close to Mr Chalk
“It’s completely unreasonable for the British taxpayer to continue to fork out tens of thousands of pounds each year to incarcerate prisoners who should be on a plane home at the first opportunity. Deporting them is a win-win in that we save British taxpayers’ money while keeping our streets safer – always our top priority.”
However, a prison service insider warned: “These are just sticking plasters on an escalating prison population crisis, which is not going to go away. These changes, along with previous ones, just give the Government and the prison service breathing space for another few weeks.
“Prisons cannot continue being in perpetual crisis, as a system permanently running hot does not rehabilitate and protect the public from crime. There needs to be fundamental change on the use of custody – not least because, as a country, our economy cannot afford it.”
Documents leaked last week showed that the early release scheme has been “activated for an undefined period” because of the overcrowding crisis.
The scheme, known as End of Custody Supervised Licence, was last used 17 years ago when the then-Labour government faced a similar crisis and was forced to release thousands of prisoners early.
Prison governors have the authority to veto the release of an offender if they believe that person could pose a risk to the public. The scheme is currently restricted to male prisons, because there is not the same overcrowding crisis in women’s jails.
The early release scheme is the main safety valve for overcrowding, although a scheme due to start next month, revealed this week by The Telegraph, could be just as important.
This will allow up to 4,000 offenders recalled to prison for breaching their licence to be released early.
Mr Chalk is to change the law so that criminals sentenced to less than 12 months who are released but then sent back to prison for breaking their conditions will receive “fixed-term recalls”, meaning they spend just 14 days back in jail before being let out again.
At present they can be given “standard recalls”, which means they remain in prison until deemed safe to release by the Parole Board. This often means they stay in custody until the end of their licence period.
Legislation currently before Parliament will go further by creating a presumption that offenders facing sentences of less than a year should receive suspended sentences rather than being jailed. However, this is unlikely to take effect until the summer.
A Ministry of Justice spokesperson said: “This Government is categorical that dangerous offenders should stay behind bars, which is why new laws will keep rapists locked up for every day of their prison sentence and ensure life means life for the most horrific murderers.
“While we are carrying out the biggest prison expansion programme since the Victoria era and ramping up removals of foreign national offenders, the prison estate remains under pressure following the impact of the pandemic and barristers’ industrial action.
“We will always ensure we have the prison places we need to keep criminals locked up and the public safe.”
