The Ministry of Justice started releasing hundreds of prisoners across England and Wales on Tuesday, opening the second tranche of an early-discharge programme ministers say is needed to stop jails buckling under record overcrowding.

Officials expect about 2,000 offenders to leave custody this month under the policy, with a further 3,000 set to follow in stages over the coming year. The overall plan was trimmed from an initial 6,000 after Prime Minister Andy Burnham intervened amid warnings from victims’ groups and police chiefs.

Who can leave and who cannot

Justice spokespeople stressed that prisoners convicted of manslaughter are barred, a line drawn after families of fallen officers raised cases such as the 2019 killing of PC Andrew Harper. Domestic abusers and some violent offenders remain eligible, however, provided they have reached the point in their sentences where the scheme applies and pass risk assessments.

Released prisoners will face what the ministry calls the “toughest supervision in British history.” That includes expanded electronic tagging, with probation teams gaining near-live access to location data as new monitoring technology rolls out this year. Restriction zones for the highest-risk sexual and violent offenders can limit movement to areas only a few miles wide.

Numbers driving the decision

Ministry data showed 87,499 people in prison on Monday, up more than 1,700 since late June. Capacity pressure has forced governors to shuffle inmates between establishments and revive contingency measures last used during the pandemic.

Government lawyers argue the releases are a safety valve, not an amnesty. Opposition MPs counter that communities are absorbing extra risk while courts continue to send people to custody for longer terms on newer offences, particularly drug supply and weapons possession.

Probation workloads and a looming ballot

The release wave coincides with a crisis in the probation service. The Napo union held a pre-ballot meeting Tuesday on industrial action over pay and caseloads after rejecting a “best and final” 5% pay offer. A formal strike ballot opens on 19 October and will also ask members about workload conditions.

Union leaders say officers have absorbed the supervision of tens of thousands of additional offenders since early-release schemes began in 2022. Each tranche adds meetings, home visits and breach investigations without matching staff growth, Napo argues.

Victims’ commissioner sounds a warning

Victims’ Commissioner Claire Waxman said this month that ministerial confidence in the programme “is not yet matched by the reality on the ground.” She urged faster rollout of restriction zones and better notification for survivors before offenders return to neighbourhoods where attacks occurred.

Charities supporting domestic abuse survivors have echoed that caution, noting that tagging cannot stop contact if victims are not told release dates in time.

What comes next in Westminster

Ministers must report to Parliament on breach rates and reoffending within the first 90 days of the second wave. Downing Street is also negotiating with devolved justice authorities in Wales over how shared probation resources will handle cross-border cases.

If Napo members vote to strike later this month, courts could face delays in pre-sentence reports, potentially slowing the very pipeline ministers hope to ease. For now, Tuesday’s releases proceed on schedule—another test of whether tighter monitoring can offset the political gamble of opening cell doors early.