Criminals finishing sentences in the community won't be recalled to prison under major shake-up

21 May 2025, 09:47 | Updated: 21 May 2025, 09:55

By Aggie Chambré

@AgnesChambre

Recall will be scrapped for some criminals under new plans to be unveiled in the upcoming sentencing review, LBC understands.

This will form part of proposals set to be laid out by David Gauke, former Conservative justice secretary, in the upcoming review.

It has previously been reported that prisoners will be released as early as a third of the way through their sentence if they behave well and take part in rehabilitation programmes.  That will go up to 50% of their sentence if they do not behave well.

The criminals released after a third of their sentence would then spend the next third of their sentence under "enhanced supervision".

Read more: The £300m cyber attack: M&S warns of huge hit to profits after hack halted orders on website and caused empty shelves

Read more: British 'drugs mule,' 21, speaks from behind bars in Sri Lanka 'hellhole' prison and reveals she hasn't eaten in days

LBC can now reveal that if those criminals broke their licence conditions, they would be returned to prison for a set 56 days, with exceptions for certain crimes.

And in the final third of their sentence, where they would be in the community, there would be no recall for some of those criminals.

Criminals could be returned to jail with a further charge.

The review is expected to be the biggest revival of the prison system in 30 years.

The prison population stands at 88,103, just 418 below the record high of 88,521, which was reached on September 6 last year. The measures set to be laid out are expected to free up 9,500 prison places.

It comes as the Government announced further emergency plans to release some criminals on recall earlier to free up around 1,400 prison places.

It is hoped the move, which sparked a backlash over concerns for victims and public safety, will "buy time" before sentencing reforms are expected to take effect next spring. 

The MoJ's permanent secretary, Amy Rees, warned last week that based on the current trajectory, the prison population rises by 3,000 each year and is now expected to hit zero capacity for male prisons by November this year. 

Justice Secretary Shabana Mahmood said the changes to recall are necessary, because if prisons overflow "we reach a total breakdown of law and order".

A Ministry of Justice spokesperson said: “This government inherited a justice system in crisis, with prisons days from collapse. Despite taking emergency action, our criminal justice system continues to teeter on the brink of complete breakdown.

“Without urgent action, we will run out of prison places by November. That’s why we have announced a record £4.7 billion prison building programme. This, alongside David Gauke’s sentencing review, will ensure we never run out of prison places again.”