The prison population in England and Wales on 10 August was 86,536, which was 97% of the total capacity.
For decades politicians have been encouraging longer and longer sentences, but have not built the prisons to match.
If the prisons get completely full, courts will not be able to sentence murderers, rapists and other violent offenders. People suspected of the worst crimes will also have to be released instead of being held in custody ahead of their trials.
The controversial Sentencing Act 2026 made a number of key changes designed to see fewer people sent to prison, and to release many prisoners earlier than planned.
Following intense public and political pressure, Burnham now says he wants “a more focused approach” that will free up more prison spaces.
With the prisons in crisis, and no obvious way just to pick and choose who is released early, how can he do it?
In social media posts by the prime minister and his Justice Secretary Alex Norris, three areas were highlighted – female prisoners, foreign prisoners, and prisoners given the discredited Imprisonment for Public Protection sentences (IPPs) .
