Nearly 200 people have already been released from Merseyside's prisons as part of the early release scheme, with 10 of them recalled for breaching licence conditions. The ECHO can reveal that 98 people were released in tranche one of the scheme on October 1 and another 89 in tranche two on October 13.
This means around 14% of prisoners released from England and Wales' prison network last month came from Merseyside. The ECHO can also reveal that 10 of the 187 people released had already been recalled to prison for breaching the terms of their licence conditions.
Pictures taken at HMP Liverpool in Walton and privately operated Altcourse in Fazakerley in recent weeks showed the first offenders leaving the prisons clutching their belongings in sports bags and bin liners.
Police response to early releases
A Merseyside Police spokesperson told the ECHO: "Those released under the scheme are placed on licence and must meet strict conditions. We are working with partners to ensure they are closely monitored and that those who do not meet the conditions imposed on them are returned to prison."
"Since the introduction of the early release scheme, we have sent 10 people back into custody for breaching the conditions of their release or re-offending, and will continue to take robust action against any offenders to keep Merseyside safe."
A spokesperson for the Ministry of Justice (MOJ) previously said: "We inherited a prison system on the brink of collapse. If we had failed to act, the police would have been forced to halt arrests."
Scheme details and context
Around 700 eligible prisoners left jails early across England and Wales on October 1, with the second tranche of 650 more back on the streets on October 13. The government plans to release around 4,500 in total in its bid to free up capacity.
The scheme began when Labour took up government in 2024 amid fears the country would run out of prison space that summer. An emergency scheme released some offenders at 40% of their sentence, which progressed to the Sentencing Act 2026, under which certain types of offenders sentenced to a fixed prison term would spend two thirds of their sentence in the community.
Following huge public pushback, the scheme excluded certain types of crime, including those convicted of rape, serious child sex and grooming offences, unlawful killings and offences of indecent assault. The scheme also does not apply to indeterminate sentences, which are handed out for crimes like murder and require a parole board decision before release.
The prisoners released during October's part of the scheme were all serving sentences of two years and five months or less. But by the middle of May 2027, hundreds of offenders serving more than 12 years will also be released.
Prison network in crisis
Prisons in England and Wales continue to operate at around 98% of its 88,984 operational cell space capacity. That figure represents the absolute maximum the prison estate can safely accommodate, with there already being considerably more inmates than the antiquated system was built to hold.
Analysis shows that nearly one in four prisoners - 23% - are already living in overcrowded conditions, sharing cells designed for fewer occupants. The overcrowding can trigger a host of difficulties, including reduced opportunities for rehabilitation through training, education and employment, and a rise in assaults and self-harm incidents.
The prison population is expected to rise to around 100,000 by the end of the decade despite the schemes.
A report by the Independent Sentencing Review found since the turn of the millennium, successive governments had taken a "tough on crime" approach with offenders now serving far greater prison terms.
Meanwhile, there has been a sharp rise in the number of offenders being recalled to prison following their release on licence. In the year to March 2026, more than 51,400 prisoners were recalled - up 28% on the previous year.
Because of huge court backlogs, there is also a significant rise in the number of defendants being held on remand awaiting trial. Prisoners on remand now account for nearly 20% of the prison population.
At the same time, attempts to expand prison capacity have been woefully inadequate. Between 2010 and 2024, when the Conservatives were in power, only 500 places were added to prison capacity, when taking into account the amount of closures in the same period.
Labour ministers have pledged to invest £7bn in a prison building programme which will expand capacity by 14,000 cells by 2031.
A controversial solution?
Prisoners released from custody under the early release scheme will be subject to strict monitoring arrangements, including the expanded use of electronic tagging. But questions have also been raised about whether the Probation Service has the resources to monitor the extra criminals in the community.
A spokesperson for the MoJ said: "We will never jeopardise public safety. That is why we are putting thousands more neighbourhood police officers on to our streets, upping police funding to £18.5bn and taking investment in the Probation Service to record levels."
"To manage offenders out on licence, we are rolling out the toughest-ever controls, including world-first restriction zones, the largest expansion of electronic tagging, and giving victims a say in licence conditions."
The early release scheme represents just one element of the Sentencing Act 2026, with other reforms including reduced short prison stays, extended suspended sentences, earlier automatic release, stricter probation requirements and fixed recall limits.
A spokesperson for the Prison Reform Trust told the ECHO that the government was right to introduce the early release scheme. But they added: "However, the prison capacity crisis was decades in the making, and no single reform will solve it. The Sentencing Act is an important step towards a more sustainable approach, but further action will be needed."
"Alongside creating additional capacity, ministers should look at other drivers of prison population growth, including the rising recall population and pressures in the remand system. In the long term, the only sustainable answer is a justice system that reserves prison for the most serious cases, reverses decades of sentence inflation, and does more to reduce reoffending in the community."
The next tranche of early release is due to take place from November 10, where 650 offenders serving sentences up to three years and two months will be eligible.