Hundreds of prisoners released early as new rules begin

Hundreds of prisoners in England and Wales have been released early under new sentencing rules that came into force on Thursday, as the Government tries to stop prisons running out of space.

About 700 prisoners were expected to leave jail on the first day of the scheme. Around 4,500 are expected to be released early in stages over the next nine months, in tranches running until the summer of 2027.

What has changed

The changes were introduced by the Sentencing Act 2026. Under what the Government calls a progression model, most adults serving a standard prison sentence will now be released earlier than before.

Prisoners in the first category, who previously served 40 or 50 per cent of their sentence in custody, will now be released after a third. On a six-year sentence, that would mean two years in prison, two years on licence under supervision and two years on licence without supervision.

Prisoners in the second category, who previously served two thirds of their sentence, will be released halfway through.

Who is excluded

The scheme does not apply to people serving life sentences or extended sentences for dangerous offenders, or to cases controlled by the Parole Board. Ministers also excluded rape, serious child sexual offences and grooming offences, as well as manslaughter, causing death by dangerous driving and causing or allowing the death of a child. Those exclusions reduced the number of early releases from around 6,000 to about 4,500.

People who were sentenced as children are also excluded.

Strict conditions

The Government says people released under the scheme will face intensive supervision by the Probation Service. That includes a presumption of electronic tagging, alerts if they enter zones they are banned from, random drug testing and powers to stop them driving or going into pubs.

Release is automatic unless days are added to a sentence for serious breaches of prison rules. The Institute for Government has said the system is "better understood as release that can be lost through misconduct than as a reward for rehabilitation".

Why it is happening

Adult male prisons in England and Wales are running at around 97 per cent of capacity, and officials had warned they would be full by November without action. Almost a quarter of prisoners are held in crowded cells designed for fewer people.

The prison population has roughly doubled in 30 years, even though crime has fallen over the same period. Sentences have become longer, more people are being recalled to prison after release, and more are being held on remand while they wait for trial, partly because of the backlog in the Crown Court.

Support for victims

The Government has allocated 10 million pounds for victim support, including a national helpline, and says victims will have a greater say in setting the conditions placed on offenders when they are released. Victims who have signed up to the Victim Contact Scheme should be told when an offender is due to be released.

Concerns

Critics, including opposition parties and some victims' groups, say early release puts the public at risk and undermines confidence in sentencing. The Probation Service has also been under severe pressure, with high caseloads and staff shortages, and some officers have warned they will struggle to supervise extra numbers safely.

A previous emergency early release scheme in 2024, which cut the proportion of a sentence served from half to 40 per cent for some prisoners, also attracted criticism after a small number of prisoners were released by mistake.

What it means locally

HMP Birmingham, the prison in Winson Green, is one of the largest in the country. Like other local prisons, it holds many people serving short sentences and people on remand, and it is likely to see some releases under the new rules.