Limits will be brought in on how long some offenders can be returned to prison, in a bid to stop jails in England and Wales running out of space, the justice secretary has said.
Shabana Mahmood said a £4.7bn investment would fund more prisons, but said it would not be possible to “build our way out of this crisis”.
A senior Ministry of Justice (MoJ) official said the government would “run out of prison places in just five months’ time” if action was not taken.
Under the shake-up, offenders recalled to prison, for breaching their licences will be released after a fixed 28-day period in England and Wales.
Last week, the prisons minister told the BBC there would be no more emergency releases to deal with the overcrowding crisis in prisons.
But Mahmood said today the move would free up around 1,400 prison places and buy ministers time to overhaul a system “on the brink of collapse”.
She warned that despite plans to start work on three prisons this year, it would not be possible to “build our way out of this crisis” and the government otherwise faced running out of spaces for male offenders by November.
She said the latest prison-building initiative would be funded by a capital investment of £4.7bn.
Three prisons will be built using the cash and work has started on a site near HMP Gartree in Leicestershire, she added.
Changes from an upcoming review of sentencing, led by former Conservative minister David Gauke, were only likely to be felt from spring next year, she added.
Amy Rees, the MoJ’s interim permanent secretary, said that on the government’s “current trajectory” England would “entirely run out of prison places for adult men, in November of this year.”
The prison population is 88,087 from a useable operational capacity of 89,442, according to the latest official weekly figures.
It is estimated to increase to between 95,700 and 105,200 by March 2029, according to government analysis released last year.
The changes announced on Wednesday would apply to offenders with sentences between one and four years, who have been released after serving their minimum period but recalled for breaching their terms of their licence.
Mahmood said the change would not apply to those who commit a serious further offence – or are deemed to pose a high risk.
Shadow justice secretary Robert Jenrick said the announcement was “failing to protect the public”.
He said “to govern is to choose, and today she’s chosen to release early criminals who’ve reoffended or breached their licenses.”
The chairman of the Prison Officers Association (POA) said building new prisons will “not improve the current population crisis”.
“The government would be better off spending billions of taxpayers’ money on modernising the prison estate, funding an under-resourced probation service, providing more secure mental health beds and ensuring we have robust community sentences that the public have confidence in,” Mark Fairhurst said.
One victim, whose perpetrator was recalled for breaching their restraining order, said the move was “outrageous” and meant some criminals would be given an easy way out without doing their time.
The announcement comes just weeks before Gauke’s independent sentencing review will publish its proposals on how to deal with the overcrowding.
It is understood it is likely to recommend more community based sentencing to reduce the reliance on imprisonment.
