Record-high prison recalls after criminals freed early to cut jail overcrowding

Flora Thompson and Ian Jones, Press Association

Record numbers of criminals have been recalled to prison in England and Wales as thousands of inmates are freed early to cut jail overcrowding.

Some 52,716 prisoners were put back behind bars in the year to June after breaching the terms of their licence, according to Ministry of Justice (MoJ) figures.

This is up 27% from 41,518 in the previous year and is the highest 12-month total since current data began in 2015.

However, recalls started to fall in early 2026, which likely reflects a change in the law that limits the number of times some criminals can be recalled within a three-month period.

The MoJ figures published on Thursday also show 79,274 inmates were freed early from prison between September 2024 and June 2026 under emergency measures brought in by the Government in a bid to tackle the overcrowding crisis.

The move, known as the SDS40 early release scheme, saw the proportion of sentences that some prisoners must serve in England and Wales cut from 50% to 40%.

It is one of several policy changes that are “likely” to have contributed to the rise in recalls, the MoJ said.

The emergency measures were replaced with a permanent scheme for early releases from October 1 under the Sentencing Act 2026.

Data on the number of prisoners released as part of the latest policy is not due to be published until spring next year.

The Howard League for Penal Reform said the “alarmingly high rate of recalls is making a terrible problem even worse” as it called on the Government to find a “lasting solution” to the overcrowding crisis.

The MoJ said it was “vital those who break the rules can be hauled back to prison”.

The department stressed the rise in recalls amid SDS40 releases was also likely to have been influenced by policy changes that result in most offenders taken back into custody for 56 days before being released again, instead of being held until the end of their sentence.

This means criminals can be recalled multiple times during the same sentence when they previously would have been recalled once for the duration of their term.

The most serious offenders are still subject to the standard recall procedures.

SDS40 replaced a separate scheme introduced by the previous Conservative government.

Under that process, 13,325 prisoners in England and Wales were freed early between October 17 2023 and September 9 2024.

The Government insisted it has taken “decisive action” to prevent the “total collapse of our prison system” and protect the public while “pulling every lever” to “fix our broken justice system”, in the face of criticism over freeing prisoners early.

Another 650 prisoners, serving sentences of more than 882 days but fewer than 1,163 days, are due to be freed early on November 10 when the latest phase of the plan to tackle overcrowding comes into force.

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