Dozens of prisoners jailed for harassment have accidentally been released as the Government tried to ease overcrowding.
Some 37 offenders who were prosecuted under a harassment law have been released in error as part of the Labour Government’s early release scheme.
About 1,700 were freed early from jails across England and Wales on September 10.
But some offenders were not flagged as being exempt from the temporary early release scheme, which Lord Chancellor Shabana Mahmood introduced to ‘avert disaster’ amid a capacity crisis.
The technical glitch affected breach of a restraining order cases prosecuted using the Protection from Harassment Act 1997, after its replacement – the Sentencing Act – was passed in 2020.
Among the 37 offenders mistakenly released, the ministry is working with the police to return five offenders to custody with the majority back in prison, and it has issued staff with guidance in an effort to block further incorrect releases.
The Prime Minister’s spokesman said ministers introduced the early release scheme to head off ‘paralysis of the criminal justice system’.
Ms Mahmood cut temporarily the proportion of sentences which inmates must serve behind bars from 50% to 40% during the summer.
The Cabinet minister had exempted some offenders from the scheme if their crimes were linked with stalking, controlling or coercive behaviours in an intimate or family relationship, non-fatal strangulation and suffocation, and breach of restraining order.
The Ministry of Justice 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with the police to urgently return a very small number of offenders – who were charged incorrectly and sentenced under repealed legislation – to custody.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.’
Prime Minister Sir Keir Starmer’s spokesman said: ‘Clearly public safety is always the Government’s first priority.
‘When the Government came into office we were facing a paralysis of the criminal justice system and the Government had to take action.
‘There were exemptions and safeguards put in place in relation to blocking the earlier release of offenders.
‘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.’
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