Dozens of prisoners released early from jail by mistake after system error

Sources at the Ministry of Justice said 37 prisoners who were jailed for breaching restraining orders have been wrongly let out.

Dozens of prisoners were released early from jail by mistake under the new emergency scheme to free up space, according to reports.

Sources at the Ministry of Justice told the Mirror that 37 prisoners who were jailed for breaching restraining orders have been wrongly let out. It's understood this was due to their offences being logged under outdated legislation - and five prisoners have not yet been returned to jail.

The remainder have been brought back into custody and all identified victims have been contacted after the incorrect release of inmates. Offenders who had been jailed for breaching a restraining order were among those excluded from the government's early release plan. The offence included in the list of the exclusions was under the Sentencing Act 2020.

However, it has emerged that some people who committed a breach of a restraining order were charged by police and sentenced in the courts under outdated legislation, the Protection for Harassment Act 1997. This was later replaced by the Sentencing Act, which has meant that the prison records cited the incorrect offence and therefore did not get flagged up when people were excluded from the early release scheme.

The MoJ confirmed all further scheduled releases of offenders affected by this issue have been stopped and guidance has been issued to staff to ensure future releases are correct. The department is n ot aware of this issue with other offences.

Interim Chief executive of Refuge Abigail Ampofo said it was "highly alarming" that three dozen people who have breached a restraining order were wrongly set free, despite assurances from the MoJ that domestic abuse offenders would be exempt from the early release scheme.

She said: “This is already an incredibly worrying time for survivors, and the continued failings of the justice system to prevent the release of domestic abuse perpetrators under this scheme are truly disappointing. We are all too aware of the grave repercussions that occur when the criminal justice system fails to recognise the real risk abusers pose to survivors’ safety, and we urge the Government to take greater precautions in ensuring that no more offenders who have breached restraining orders are released."

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Keir Starmer's official spokesman said "public safety is always the Government's first priority and emphasised exemptions and safeguards put in place relating to the early release scheme. He added: "As you know when the Government came into office, we were facing a paralysis of the criminal justice system and the Government had to take action."

After Labour were elected to government, Shabana Mahmood announced plans for thousands of inmates to be released after serving 40% of their sentences - instead of 50% at present. She said she was forced to trigger the emergency measure “to avert a disaster” as she hit out at the Tory Government for failing to get a grip on overcrowding in prisons across England and Wales.

The Labour minister said prisons were on the brink of being full, which would lead to police being unable to arrest people. She warned the country could see “looters running amok, smashing in windows, robbing shops and setting neighbourhoods alight” if police can't detain people.

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Under the early release scheme, prisoners who are serving sentences for serious violent offences of four years or more, as well as sex offences, are automatically excluded. Offenders who were jailed for domestic abuse crimes will also be excluded, including the breach of a restraining order.

A Ministry of Justice spokeswoman said: “Public safety is our first priority. 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.

“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. The convictions remain valid with offenders monitored since their release and will soon be back behind bars."

For any survivors who are concerned about the early release scheme, Refuge’s 24-hour National Domestic Abuse Helpline is available on 0808 2000 247 all year round, and confidential live chat is accessible online via www.nationaldahelpline.org.uk.

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