Prisoners released early to free up space

More than 500 prisoners are to be released just halfway through their sentences in an effort to free desperately-needed space in overcrowded jails.

The Ministry of Justice authorised the move, just as the prison population of England and Wales passed 83,000 for the first time. The number of those behind bars leapt by 250 over the Bank Holiday weekend.

The early release plans centre on 550 non-violent and non-sexual offenders serving more than four years who would previously have had to wait until two-thirds into their sentences before being freed.

They will be let out over the next 14 months, beginning in a fortnight's time, with prison governors warned that failure to comply could amount to "unlawful detention" of offenders.

David Howarth, the Liberal Democrat justice spokesman, said the measure demonstrated that the penal system was "in a state of grotesque chaos".

The provision was part of the Criminal Justice and Immigration Act, which was passed by Parliament this month but its full impact has only just come to light.

The plan brings the arrangements for offenders sentenced under the 1991 Criminal Justice Act in line with the 2003 Criminal Justice Act.

A Ministry of Justice spokeswoman said the step allows the Parole Board to "focus resources on violent and sexual offenders" and offenders could be brought back to jail at any time.

But Nick Herbert, the shadow Justice Secretary, said: "Releasing prisoners early when they have served half of their sentence undermines trust in the criminal justice system – even more so when the Government has introduced such underhand measures because it has failed to provide adequate prisons capacity.

"Punishments should fit the crime and there should be honesty in sentencing so that every offender serves a minimum sentence handed down in court."

Mark Leech, a spokesman for the ex-offenders' organisation Unlock, said: "This kind of move undermines the judges who passed their sentences under the legislation in force at the time.

"The Probation Service is also under massive pressure and there are serious questions whether it will be able to adequately look after any extra numbers."

Colin Moses, chairman of the Prison Officers' Association warned suspected criminals might be going free because there are not enough cells to house them.

He said: "I often ask myself, how many custodial warrants are outstanding because as a prison place is available a prisoner appears. So are the public really safe or are the police only executing warrants dependant on prison and police cell spaces?"