Over 1,000 prisoners in England and Wales will be released early as the government moves to address a mounting crisis in prison overcrowding, the justice secretary has confirmed.

Justice Secretary Shabana Mahmood announced that inmates serving sentences between one and four years—who have been recalled to prison for breaching their licence conditions—will now be released after 28 days. The change aims to relieve pressure on the prison system, which officials warn could run out of space within months.

A senior Ministry of Justice (MoJ) official warned that, without immediate intervention, prisons could exceed capacity in just five months. The announcement marks a reversal from last week, when the prisons minister stated there would be no further emergency releases.

“This measure will free up approximately 1,400 prison places and buy us time to reform a system that is on the brink of collapse,” Mahmood said.

The scheme will not apply to those considered high-risk or those who have committed further serious offences. In a departure from standard procedure, eligible inmates will be released without a parole board review—a step the government argues is justified due to a significant backlog in parole assessments.

Mahmood acknowledged that early releases are not a long-term solution, stressing that the government “cannot build our way out of this crisis,” even with a planned £4.7 billion investment in new prison facilities.

Construction will begin this year on three new prisons, including one near HMP Gartree in Leicestershire. Another facility, HMP Millsike near York, opened earlier in 2025. The new prisons will be funded over five years starting in 2026.

Currently, the prison population stands at 88,087—just 1,355 short of the operational capacity of 89,442. Of those incarcerated, 13,583 are recalled offenders. Government forecasts suggest the prison population could rise to between 95,700 and 105,200 by March 2029.

The new early release scheme targets prisoners recalled for breaching licence conditions such as curfews, and will not include those returned to custody for reoffending.

The move has drawn criticism. Shadow Justice Secretary Robert Jenrick accused Mahmood of failing to protect the public: “To govern is to choose, and today she’s chosen to release early criminals who’ve reoffended or broken their licence terms.”

Mark Fairhurst, chair of the Prison Officers Association, argued that building new prisons alone will not address the crisis. “The government would be better off modernising existing facilities, bolstering probation services, funding secure mental health care, and investing in community-based sentencing,” he said.

Victims’ advocates also expressed concern. One victim, whose offender breached a restraining order, called the plan “outrageous,” saying it allows offenders to avoid serving their full sentence.

The announcement comes ahead of a major independent review of sentencing, led by former Conservative minister David Gauke, which is expected to advocate for greater use of community sentences to reduce prison numbers. The review’s proposals are due this spring.

Last summer, a wave of early releases was issued just days before the prison system hit capacity. Officials hope this latest move will prevent a repeat of that emergency.