More prisoners recalled to jail than released early since Labour came to power

Since September 2024, under then-Justice Secretary Shabana Mahmood's Standard Determinate Sentence 40 (SDS40), prisoners can be released after serving just 40 per cent of their sentence, rather than the standard 50 per cent.

However, the Ministry of Justice described the Tory-conducted analysis as misleading.

Recall data can include the same offender returning to prison multiple times, as well as prisoners released years earlier who had only now breached their conditions.

However, the figures still tell a marked rise.

Between January and March 2023, 6,824 prisoners were recalled, and for the same time in 2024, that figure stood at 7,415.

However, fast-forward to that three-month period 2025, six months after Labour assumed power, that figure had jumped to 10,101.

Figures also show the number of recalls rose by 28.7 per cent from 9,975 between July and September 2024 – just after Labour came to power – to 12,836 between July and September 2025.

It is noted, however, that the figure did increase in the Tories' final few months in office, jumping from 7,415 to 9,782 between January and June 2024.

Shadow Justice Secretary, Nick Timothy, said: "Labour has turned our prisons into a revolving door for criminals. They are letting out sex offenders and thieves early instead of deporting more foreign offenders.

"To the surprise of nobody, these criminals have continued to act against the law and break the rules. This is utterly corrosive to public safety and inflicts more harm and suffering on the British public.

"While Labour tolerates this lawlessness, the pressure on our prisons has not eased. What we need is a radical plan for our prisons. Not Lammy’s surrender to crime."

Labour is set to implement a new law that could see prisoners freed as little as a third of the way through their sentence, providing they are well-behaved and engage in work, education and training rehabilitation schemes.

Additionally, more community punishments and an increase in the use of electronic tags for sentences of 12 months or under are to be introduced, with the Government warning that prisons could soon run out of space if new reforms are not introduced.

When announcing the SDS40 scheme, Ms Mahmood said: "In short if we fail to act now, we face the collapse of the criminal justice system. And a total breakdown of law and order".

But the impact on prison population has been minimal. In July 2024, there were 87,453 prisoners in jails in England and Wales, leaving 1,411 in headroom, or spare places.

Last week, there were 87,249 prisoners with a headroom of 2,454 spare places.

With Britain's population projected to increase to a total of 103,600 by March 2030, it means that an additional 13,897 spaces will be required within five years in order to accommodate the expected number of inmates. This would also leave zero headroom.

An MoJ spokesman said: "This comparison is misleading – recall figures can include the same person more than once and offenders released years earlier, while SDS40 counts first-time releases only.

"Since 2018, recalled offenders have doubled – a symptom of the prison crisis this Government inherited.

"That’s why we’re reforming recall and building 14,000 extra places, to make sure punishment cuts crime, reduces reoffending and keeps victims safe."

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