37 prisoners incorrectly freed from jail under government’s early release scheme

The Ministry of Justice confirmed five prisoners have not yet been returned to jail

Hundreds of prisoners were released early this month to free up space in jails (PA Wire)

Some prisoners were wrongly released from jail under the government’s new scheme to free up space due to a system error.

The Ministry of Justice confirmed 37 prisoners in jail for breaching restraining orders were mistakenly freed after their offences were logged under outdated legislation.

Five prisoners have not yet been returned to jail, but the other 32 were taken back into custody.

The department said the prisoners were wrongly charged and convicted under old legislation - the Protection from Harassment Act 1997 - when they should have been charged under the Sentencing Act 2020.

This meant the sentences were not identified as being ineligible for the early release scheme, which they should have been.

A person pictured outside HMP Liverpool (PA Wire)

The prisoners will serve the remaining prison term of their sentence, and guidance has been issued to staff to ensure all future releases are correct, the Ministry of Justice confirmed.

A Ministry of Justice spokesperson said: “Public safety is our first priority. That is why we took decisive action to fix the broken prison system we inherited and keep the most dangerous offenders locked up.

“This included blocking the early release of domestic abuse offences such as stalking and controlling behaviour.

“We are working with the police to urgently return a very small number of offenders - who were charged incorrectly and sentenced under repealed legislation - to custody.

“The convictions remain valid with offenders monitored since their release and will soon be back behind bars.”

Around 1,750 inmates were released early from jails in England and Wales earlier this month to alleviate the overcrowding crisis which is overwhelming prisons.

The policy sees the proportion of sentences which some inmates must serve behind bars temporarily cut from 50 per cent to 40 per cent amid government warnings jails were being pushed to the “point of collapse”.

Justice secretary Shabana Mahmood announced the move to release some prisoners early at the beginning of the month (AFP/Getty)

The government’s handling of the early release scheme has been fraught with problems. It emerged that hundreds of prisoners were freed without tags despite it being a condition of their release, and another prisoner was accused of sexually assaulting a woman on the same day he was freed. He has since been charged and recalled to prison ahead of a court date.

Pictures emerged of an inmate being sprayed with bubbly by friends at the prison gates as they were released while ministers faced accusations that serious career criminals were among those walking free when the policy was launched.

Criminals serving prison sentences of less than four years for violent offences, including manslaughter, are among those eligible to be freed under the scheme.

Despite government efforts to prevent domestic abusers from leaving prison early, the restrictions will not apply to all criminals with a history of such violence as the policy only excludes particular offences such as stalking.

Attackers convicted of other crimes such as threats to kill or actual bodily harm could still qualify for early release.

Rioters involved in this summer’s unrest are also not specifically excluded from early release. They will only stay behind bars for longer if they are serving more than four years for a violent offence.

Terrorists and sex offenders are excluded and will not be freed early.