37 offenders released in error as part of the Government's early release scheme

A total of 37 offenders, prosecuted under outdated harassment laws, have been mistakenly released as part of the Government's early release scheme. The PA news agency has learned that these offenders, sentenced under old harassment law, were not identified as being exempt from the temporary early release scheme.

This scheme was introduced by Lord Chancellor Shabana Mahmood to prevent a capacity crisis. The Prime Minister's spokesman stated that the early release scheme was implemented to avoid a "paralysis of the criminal justice system", echoing the Ministry of Justice's official stance that public safety is the Government's top priority.

Ms Mahmood temporarily reduced the proportion of sentences which inmates must serve behind bars from 50% to 40% during the summer. Certain offenders were excluded from the scheme if their crimes were associated with stalking, controlling or coercive behaviours in an intimate or family relationship, non-fatal strangulation and suffocation, and breach of restraining order.

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However, a technical error affected cases involving breach of a restraining order prosecuted under the Protection from Harassment Act 1997, after its replacement the Sentencing Act was passed in 2020. Offenders prosecuted using the older legislation were not marked as being ineligible for early release.

In a significant intervention, the Ministry of Justice has confirmed that among the 37 offenders mistakenly set free, steps are underway in conjunction with the police to re-incarcerate five individuals, whilst the majority have been returned to prison. Additionally, the department has circulated guidance aiming to forestall any future erroneous releases.

A spokesperson for the Ministry said: "Public safety is our top priority," and detailed measures taken to address issues within the penal system. "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."

The representative highlighted the pursuit of incorrectly freed individuals: "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with the police to urgently return a very small number of offenders who were charged incorrectly and sentenced under repealed legislation to custody."

They stressed the validity of the offender's convictions: "The convictions remain valid with offenders monitored since their release and will soon be back behind bars."

Furthermore, Prime Minister Sir Keir Starmers spokesman said: "Clearly public safety is always the Government's first priority."

Emphasising the actions the Government took in wake of inheriting a dysfunctional justice system, the spokesman added, "When the Government came into office we were facing a paralysis of the criminal justice system and the Government had to take action."

The Prime Minister's representative mentioned specific precautions: "There were exemptions and safeguards put in place in relation to blocking the earlier release of offenders."

On the urgency of the situation, they asserted, "We're working with the police urgently to return the people that you refer to who were sentenced using outdated legislation. They've all been monitored since their release so they will be brought back into prison."

Liberal Democrat justice spokesman Josh Babarinde expressed his shock at the blunder, describing it as "deeply shocking news". He urged the Government to promptly devise a "plan to reduce reoffending and tackle the prison backlog without delay".

He stated: "The public deserves immediate action so that all those who were mistakenly released from prison are swiftly returned, and to prevent this from happening again."

"The Conservatives have neglected our criminal justice system, and now the chaos of their actions is showing."