Up to 25,000 prisoners a year will be released early under an emergency scheme announced yesterday to ease the jail overcrowding crisis.

The plan to free prisoners early — reported in The Times yesterday — was forced on ministers after the prison population reached a record of 81,016. With hundreds of offenders held in police and court cells, Lord Falconer of Thoroton, QC, the Justice Minister, admitted defeat in the Government’s attempt to avoid releasing criminals early.

The prisoners, who will be released 18 days early, will be those serving sentences of between four weeks and four years for non-sexual and non-violent crimes. Between 1,800 and 2,000 will be freed next week, when the scheme begins. Up to 25,000 could be freed early in any one year. The prison population will fall by 1,200.

To try to limit the damage to the Government’s reputation, the Chancellor will provide funds to provide 1,500 more prison spaces in addition to the 8,000 planned by 2012. It is planned to have 500 new spaces, costing £80 million, ready by January, with 1,000 more costing about £160 million.

The early-release scheme, similar to one vetoed by Tony Blair last month, may not prevent another overcrowding crisis. Lord Falconer admitted that police cells might be required until the end of the year to hold prisoners. “The prison estate is near to full,” Lord Falconer told the House of Lords. “To ensure we can accommodate all those sent to prison by the court, as a temporary measure we will continue to rely on police cells and where necessary court cells.”

He made the announcement weeks after denying that there would be an early-release scheme. “I am not going to announce early release, any early release,” he said in a TV interview. But he inherited a prison overcrowding problem from the Home Office, where John Reid was determined to avoid early release.

Prisoners released under the scheme will undergo a risk assessment and will be on licence, meaning that they can be returned to prison if they breach the conditions.

The scheme was criticised by the Tories for jeopardising public safety. Tony Blair has vetoed previous proposals to tackle prison overcrowding because of the damage it would do to Labour’s record on law and order as well as public confidence in the justice system. The U-turn will be exploited by David Cameron today at Mr Blair’s penultimate Prime Minister’s Questions.

David Davis, the Shadow Home Secretary, said: “It is clear from what has been announced that there will be a continuing reliance on police and court cells, meaning the taxpayer will continue to pay through their pay packets. The Government’s poor record at preventing those released on licence from committing more crimes means they will also continue to pay with their safety.”

Charles Bushell, general secretary of the Prison Governors’ Association, said that the scheme offered a chance to examine how the courts were being used. “If we do nothing then this is likely to get out of hand again fairly quickly.”

Enver Solomon, deputy director of the Centre for Crime and Justice Studies at King’s College London, said: “Unless the Government addresses the fact that proportionately far more people are being sent to prison for longer, this country will continue down the road of mass imprisonment.”

The options

Prison ships Their use to deal with previous overcrowding was ended last year. The Home Office began negotiations for three ships to hold immigration detainees but few ports wanted them. No deals finalised.

Army camps Home Office found potential site in Dover, but John Reid vetoed plan after protests from nearby service families

More prisons 8,000 new spaces by 2012 announced last July. Increased by 1,500 spaces yesterday but too late to deal with numbers being jailed

Expand early release Already tried but not providing enough additional spaces

Jail numbers to be taken into account when sentencing Ministers dropped this proposal from legislation

Remove mentally ill prisoners and some vulnerable women from jail No other accommodation available

Speed up removal of 10,000 foreign nationals in jails Deportations take a long time

Explore UK News

• Crime News

• Education News

• Health News

• Scotland News

Times Recommends

• What makes the perfect mum?
• To keep me stress-free, no more awareness days, please
• What do lottery winners buy?