Some offenders in England and Wales have been released from prison early as a way to try and deal with overcrowding.

In July, Labour put forward the proposal to release some offenders early due to the worry that the number of spaces in prisons was running out.

Last month, spaces were understood to have been reduced to just 100 in male prisons across England and Wales, partly as a result of sentencing related to riots around the UK that took place in the wake of the Southport stabbings.

Ministry of Justice data showed the total England and Wales prison population on Friday, September 6 was a record high of 88,521.



Which prisoners will be released early from prison?

Eligible prisoners who have served only 40 per cent of their fixed term sentence, rather than 50 per cent, will be automatically released, BBC News reports.

Those who are in jail for serious violent offences with sentences of four years or more, as well as sex offenders, are not included.

Additionally, those convicted of domestic abuse will be excluded from the scheme alongside what the government calls "connected crimes", such as stalking and controlling or coercive behaviours.

It only applies to a certain type of sentence, under which prisoners are automatically released after a set amount of time.

More serious offenders serving life sentences, for example, are only released after the Parole Board has assessed whether they still pose a risk.

Anyone released will be monitored by the Probation Service and this could involve the use of electronic tagging and curfews.



How many prisoners have been released so far?

More than 1,700 prisoners were released on Tuesday, September 10, with Justice Secretary Shabana Mahmood confirming that around 5,500 offenders will be released in total during September and October.

Why are prisons close to being full?

According to The Institute for Government think tank, part of the reason for prisons being close to capacity is longer sentences being given.

In 2023, the average prison sentence given in the Crown Courts in England and Wales, which deal with more serious offences, was more than 25% longer than in 2012, BBC News reports.

Meanwhile, sentences for robbery, for example, were 13 months longer on average in 2023 than in 2012, a rise of 36%.

Another part of the answer is the increase in prisoners on remand, who are waiting for their trial to start, or to be sentenced.


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Some of this increase has been driven by a record number of Crown Court cases waiting to be heard.

Alongside that, more people than before are also being returned to prison for breaching their release conditions.

In March, the number was around 12,000 which was roughly double the number in 2016.