Starmer defends releasing prisoners from jail early to free up cell space

The Prime Minister has defended freeing criminals, including some convicted killers, early from prison as he angrily blamed previous government inaction for forcing him into the move.

Sir Keir Starmer lashed out at former prime minister Rishi Sunak in the Commons, repeating claims he had no choice but to cut the amount of time prisoners would serve behind bars amid urgent efforts to tackle the jail overcrowding crisis.

His comments were in response to accusations from Reform UK’s leader that Sir Keir was presiding over a two-tier justice system.

Nigel Farage described “some extraordinary celebratory scenes outside Britain’s prisons, where in some cases serious career criminals were released” after pictures emerged of an inmate being sprayed with bubbly by friends as they left jail.

Tuesday’s exodus of around 1,700 prisoners from jails across England and Wales came after Justice Secretary Shabana Mahmood announced plans in July to cut temporarily the proportion of sentences which inmates must serve behind bars from 50% to 40% as the Ministry of Justice (MoJ) said overcrowding had pushed jails to the “point of collapse”.

Among those pictured walking free were fallen Hollywood actor Jason Hoganson, who was released early from serving an 18-month jail sentence at HMP Durham after reportedly beating his ex-girlfriend in the street.

According to court reports, Hoganson – who had a leading role in 1987 film Empire State – was sentenced after admitting assault by beating and breach of a restraining order and has accumulated 109 convictions after turning to drink and drugs.

On Wednesday it emerged Lawson Natty, 19, who was jailed for 32 months in March after being cleared of murder but found guilty of manslaughter, is eligible for the early release scheme and could leave prison within weeks.

This is because only prisoners convicted of manslaughter who have been sentenced to more than four years in jail are excluded from the early release scheme. Murderers are not eligible as they have to serve mandatory life sentences.

Others due to be released under the scheme include Adam Andrews, who was jailed for three years after being convicted of grievous bodily harm without intent for reportedly shaking a baby so violently he was left blind, paralysed and now needs round-the-clock care. He is eligible to be freed early because his sentence for a violent offence involves a prison term of less than four years.

At Prime Minister’s Questions, Mr Farage said: “This to make way for, yes, rioters, but equally those who have said unpleasant things on Facebook and elsewhere on social media.

“Does the Prime Minister understand there is a growing feeling of anger in this country that we are living through two-tier policing and a two-tier justice system?”

Sir Keir hit back, telling MPs: “I’m angry to be put in a position of having to release people who should be in prison because the last government broke the prison system.

“The prime minister was repeatedly warned that he had to adopt the scheme that we put in place.”

Referring to reports on Alex Chalk’s pleas to enact the scheme when in post, he said the former justice secretary “said if we don’t do it we will have to get down on our knees and pray”.

Police chiefs also “made it absolutely clear” to Mr Sunak before the election that he “needed to take action”, he said – in reference to a letter police chiefs sent him in June urging him to put the plan in motion immediately as prison overcrowding was hampering officers’ ability to do their jobs.

“That’s how bad it was. He (Mr Sunak) delayed and increased the risks,” Sir Keir added.

Natty was among a group of teenagers who ended up in court after the death of 14-year-old Gordon Gault, who was stabbed in the arm with a machete in Newcastle in 2022 amid violence between two rival gangs stoked by drill music. Natty supplied the weapon used in the attack after buying it online.

He faces deportation when his time in prison comes to an end, meaning he could then be moved to an immigration detention centre and held there while he awaits his removal from the country.

The Home Office said it is committed to deporting foreign criminals at the earliest opportunity but would not confirm whether this will happen to Natty as the department does not comment on individual cases.

If he is not taken from prison to detention, this may mean he could be released on licence. Even while held in detention, there are some circumstances in which he could be granted immigration bail.

The MoJ said 93% of manslaughter sentences handed down in 2022 and 2023 were longer than four years.

Earlier this week, prisons watchdog Charlie Taylor warned it was “inevitable” some prisoners released early would reoffend and end up back behind bars under the “risky” scheme.

Some who are homeless on release could be temporarily placed in taxpayer-funded budget hotels if there is not enough space in bail hostels and other community accommodation typically used for offenders, Ms Mahmood also told MPs.