Nearly 40,000 prisoners in England and Wales have been released early since September 2024, according to the latest figures from the Ministry of Justice (MoJ). The data shows that 38,042 inmates were freed under the government’s emergency early release scheme between September 2024 and June 2025 — a figure that underscores the scale of pressure currently facing the criminal justice system.
A prison system at breaking point
The early release scheme was introduced as a temporary measure to reduce prison overcrowding, allowing certain prisoners to be released after serving 40% of their fixed-term sentence rather than the usual 50%. The move followed widespread warnings that the prison estate was at breaking point, with facilities operating well above safe capacity levels.
While the government has pledged to build 14,000 new prison places, with 2,500 already opened since July 2024, the system remains stretched. The volume of releases and reallocation of resources have revealed cracks across every level of prison administration — from the management of early releases to the handling of standard discharge procedures.
Recent reports of prisoners being mistakenly released — including migrant sex offender Hadush Kebatu, whose case prompted an independent investigation — have fuelled public concern about whether the system is coping with the unprecedented workload.
Errors in both directions
While erroneous early releases dominate headlines (with Justice Secretary, David Lammy recently announcing 91 prisoners have been incorrectly released since April 2025), another growing problem receives far less attention: late prisoner releases. These cases, where inmates remain in custody beyond their lawful release date, raise serious concerns and exacerbates the problems that early releases were supposed to ease.
Dan Rubinstein from our Actions Against the Police team commented:
It’s reported that hundreds of prisoners have been released incorrectly over the past decade, with an estimated 262 cases in the year up to March 2025 alone. That shows this isn’t about politics — it’s about a system that’s struggling under its own weight. The pressure on prisons, staff, and administrative processes means errors are becoming more frequent and more serious.”
He added
What worries us most is that these figures are likely just the tip of the iceberg. The cases that make the headlines are those released too early, but there are many more serving longer than they should. Those late releases rarely get reported, yet they add to overcrowding and cost the system financially in compensation.”
MK Law’s experience in late prisoner release cases
Our Actions Against the Police team is currently handling numerous active cases involving prisoners who were released late, with delays ranging from two to up to 100 days.
The shorter delays are typically down to a failure of the prison to carry out the Release Orders received from the Court in a timely manner. Whilst the longer ones the causes may be complex due to errors in sentence calculation; factors such as failing to take the periods spent on remand fully into account, mistaking concurrent sentences for consecutive ones , and more recently, failing to take account of the Early Release scheme (applicable to some sentences and not others) – all these have featured.
Duncan Burtwell from the team noted
We’ve seen a marked increase in complaints from prisoners and their families, mainly down to failures within the prisons system. These failures mean people are spending more time in custody than the law allows. It’s a distressing situation for those affected — and a clear sign that the system simply isn’t functioning as it should.”
A recent case of late release
Earlier this year our client was sentenced to 70 months’ custody. Due to significant court delays, by the time the sentence was imposed, he had already served the equivalent of 973 days through time spent on remand and qualifying tagged curfew.
The mid-point of his sentence — the point at which he would normally become eligible for release — was 882 days. This meant that when he was sentenced, he had effectively already served the custodial element of his term and was eligible for immediate release.
However, despite this our client was returned to prison and remained there for a further 34 days before being released. During this time, he repeatedly raised the issue, having been advised in court that he should not have been detained any longer.
They have settled compensation at £5,100
Staffing and resourcing under pressure
Behind these operational failings lie deeper issues around staffing, morale, and resources. In the year to June 2025, nearly 13% of staff left the prison service — almost double the 7.1% turnover rate across the wider Civil Service.
Sickness rates are also concerning. Prison staff missed an average of 12 days of work in the same period, and in two out of five cases, the absence was linked to mental health issues. By comparison, the average number of sickness days across the UK workforce is just four.
Meanwhile, funding pressures continue to mount. According to the Institute for Fiscal Studies, day-to-day spending by the Justice Department is almost 6% lower in real terms than in 2010, despite rising prison populations and increasingly complex operational demands.
A system in need of reform?
The early release scheme was a short-term solution to an escalating crisis, but the problems it has exposed run far deeper. From administrative breakdowns and staffing shortages to the long-term underfunding of justice services, the system is struggling to uphold both efficiency and fairness.
At MK Law, we remain committed to holding authorities accountable and ensuring that prisoners’ rights are protected — whether through representation in criminal defence, or through claims for unlawful detention when the system fails to function lawfully.
We continue to monitor developments in the government’s early release programme and wider criminal justice reforms. If you or someone you know has been affected by late or mistaken release, or believe you’ve served longer than your lawful sentence, our experienced team can provide expert legal advice and representation. Find out more on our Actions against the Police pages.
