A record 52,716 offenders in England and Wales were returned to prison in the year to June after breaching the terms of their licence, Ministry of Justice figures show, coinciding with emergency measures that freed thousands of inmates early to reduce severe prison overcrowding.
The total, up from 41,518 in the previous 12 months, is the highest 12-month total since data tracking began in 2015. The Ministry of Justice said the SDS40 scheme, under which 79,274 prisoners were discharged early between September 2024 and June 2026, was one of several policy changes that were likely to have contributed to the rise.
SDS40 cut the proportion of a sentence that eligible inmates must serve from 50 per cent to 40 per cent, among the emergency policies the Government introduced to tackle severe overcrowding. It replaced a separate scheme introduced by the previous Conservative government, under which 13,325 prisoners were freed early between October 2023 and September 2024.
The ministry also pointed to changes meaning most offenders taken back into custody are now held for 56 days before being released again, rather than until the end of their sentence. Offenders can therefore be recalled multiple times during the same sentence, where previously they would have been recalled once for the duration of their term. The most serious offenders are still subject to the standard recall procedures.
Recalls began to decline in early 2026, which probably reflects a statutory amendment restricting how often certain offenders can be recalled within a three-month period. The emergency measures were replaced with a permanent early release scheme from 1 October under the Sentencing Act 2026, and figures for releases under the new policy are not due until spring next year.
The Government insisted it has taken "decisive action" to prevent the "total collapse of our prison system" and protect the public, 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 10 November when the latest phase of the plan to tackle overcrowding comes into force.
Analysis
Why This Matters
- The 52,716 total is the highest for any 12 months since records began in 2015, a sign of how the early release programme is shaping the way offenders on licence are managed.
- Policy changes now allow most recalled offenders to be held for 56 days and released again, meaning offenders can be recalled several times during a single sentence rather than once.
- A further 650 prisoners are due for early release on 10 November, extending the programme after the emergency measures gave way to a permanent scheme on 1 October.
Background
England and Wales have used successive emergency early release schemes to relieve prison overcrowding. The SDS40 scheme cut the proportion of a sentence that eligible inmates must serve from 50 per cent to 40 per cent, replacing an earlier scheme introduced under the previous Conservative government. The emergency arrangements were replaced with a permanent early release scheme on 1 October under the Sentencing Act 2026.
Key Perspectives
- The Ministry of Justice: says the SDS40 early release scheme was one of several policy changes likely to have contributed to the rise in recalls, alongside changes that see most recalled offenders held for 56 days before release rather than for the rest of their sentence, and notes the most serious offenders still face standard recall procedures.
- The Government: insists it has taken "decisive action" to prevent the "total collapse of our prison system" and protect the public.
- Critics: have criticised the Government over freeing prisoners early, prompting the Government's insistence that its action was decisive.
What to Watch
- Whether the decline in recalls seen in early 2026 continues, after a statutory amendment restricted how often certain offenders can be recalled within a three-month period.
- The early release of 650 prisoners on 10 November, the next phase of the plan to tackle overcrowding.
- Figures for releases under the permanent scheme introduced on 1 October, which are not due until spring next year.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedThe Government said it had taken “decisive action” to prevent the “total collapse of our prison system” and protect the public.The Independent UK: “The Government insisted it has taken “decisive action” to prevent the “total collapse of our prison system” and protect the public”
- SupportedPrison recalls in England and Wales reached a record high, with the highest 12-month total since data tracking began in 2015.The Independent UK: “stands as the highest 12-month total since present data tracking commenced in 2015.”
- SupportedThe recall figures are Ministry of Justice figures.The Independent UK: “According to Ministry of Justice (MoJ) statistics, 52,716 people were recommitted to jail”
- SupportedA total of 52,716 people were returned to jail in the year to June after breaching their licence terms.The Independent UK: “52,716 people were recommitted to jail in the year to June after breaching the terms of their licence.”
- SupportedThe total was up 27 per cent from 41,518 in the previous year.The Independent UK: “This represents a 27 per cent rise compared with the 41,518 recorded during the previous year”
- SupportedThe rise in recalls coincided with emergency measures that released thousands of inmates early to reduce severe prison overcrowding.The Independent UK: “An unprecedented number of offenders in England and Wales have been returned to custody, coinciding with measures that have seen thousands of inmates released early to reduce severe prison overcrowding.”
- SupportedUnder the SDS40 scheme, 79,274 prisoners were released early between September 2024 and June 2026.The Independent UK: “79,274 prisoners were discharged early between September 2024 and June 2026 under emergency policies”
- SupportedThe Ministry of Justice said SDS40 was one of several policy changes likely to have contributed to the rise in recalls.The Independent UK: “It is one of several policy changes that are “likely” to have contributed to the rise in recalls, the MoJ said.”
- SupportedSDS40 reduced the proportion of their sentences eligible inmates had to serve in prison from 50 per cent to 40 per cent.The Independent UK: “reduced the proportion of sentences that eligible inmates in England and Wales must spend in prison from 50 per cent to 40 per cent.”
- SupportedMost offenders taken back into custody are held for 56 days before release, allowing them to be recalled multiple times during one sentence; previously they would have been recalled once for the duration of the term.The Independent UK: “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.”
- SupportedRecalls began to decline in early 2026, probably reflecting an amendment restricting how often certain offenders can be recalled within a three-month period.The Independent UK: “Recalls began to decline in early 2026, however, which probably reflects a statutory amendment restricting the frequency with which certain offenders can be recalled within a three-month timeframe.”
- SupportedAnother 650 prisoners serving sentences of more than 882 days but fewer than 1,163 days were due to be released early on 10 November.The Independent UK: “Another 650 prisoners, serving sentences of more than 882 days but fewer than 1,163 days, are due to be freed early on 10 November”