Prisoners To Be Released Early Under Government Plans To Tackle Prisons Capacity Crisis

Justice Secretary Shabana Mahmood, with Governor Sarah Bott, during a visit to HMP Bedford in Harpur, Bedfordshire

In a speech at a prison in Northamptonshire on Friday, Shabana Mahmood warned of “a total breakdown in law and order” if changes are not made to tackle the ongoing capacity crisis in prisons. 

In plans detailed today, ministers want to make temporary changes to some custodial sentences, reducing the time served in prison from 50 per cent to 40 per cent. 

There will be a number of exemptions, including people who are serving sentences for serious violent offences of four years or more, as well as those serving time for sex offences. 

There will also be exclusions for people serving sentences for crimes related to domestic abuse such as stalking offences, controlling or coercive behaviors in an intimate or family relationship, non-fatal strangulation and suffocation, and breach of Restraining Order, Non-Molestation Order, and Domestic Abuse Protection Order.

According to officials, some prisons have been operating at 99 per cent capacity since the start of last year, and cells could now run out within weeks. 

Speaking during a visit to HMP Five Wells in Northamptonshire, Mahmood said that there is the risk of rising violence, police using their cells as prison overflow, and courts grinding to a halt should prisons become full. 

“With officers unable to act, criminals could do whatever they want, without consequence. We could see looters running amok, smashing in windows, robbing shops and setting neighbourhoods alight,” she said.  

“In short, if we fail to act now, we face the collapse of the criminal justice system. And a total breakdown of law and order.”

The plans would need to be voted on by Parliament, but are intended to come into force from September to give the prison service time to prepare. 

They will apply to those already in prison and past the 40 per cent point in their sentence once any changes come into force. 

Mahmood, who Prime Minister Keir Starmer appointed Justice Secretary following Labour's election victory last week, said that she does not “choose to do this because I want to”. 

She said: “Let me be clear, this is an emergency measure. This is not a permanent change. I am unapologetic in my belief that criminals must be punished.”

On Thursday night, Starmer said that the prisons situation was “unforgivable” and worse than he realised before entering Downing Street.

Responding to questions at the Nato summit in Washington, he said that “we’ve got far too many prisoners for the prison places that we’ve got”. 

He said: “That is gross irresponsibility of the outgoing government. It is a basic function of government that you should have enough places for your prisoners that judges are sending to prison.”

The chair of the National Police Chiefs’ Council has said he is pleased to see the Government acting “so quickly”. 

Chief Constable Gavin Stephens added: “We are supporting the Ministry of Justice and other partners in the criminal justice system to manage the impact of these changes, particularly around supporting victims, families and others who will be affected.”

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