Prisoner Releases in Error

Lord Marks of Henley-on-Thames Excerpts

Thursday 13th November 2025 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, on Wednesday last week, the right honourable David Lammy, Deputy Prime Minister and Secretary of State for Justice, appeared at Prime Minister’s Questions to not answer questions about inadvertent prisoner release. The Speaker in the other place sought his recall. On Tuesday this week, the Secretary of State for Justice gave himself up and returned to the Parliamentary Estate, where—despite what was, no doubt, his officials’ careful preparation—he told Members in the other place that the previous Government had inadvertently released prisoners at the rate of 17 per month. This would have involved the release of 2,856 prisoners. The true figure, as recorded in the Ministry of Justice’s own official record, is 860, or about three each month—three too many, but a fraction of the number that the Secretary of State for Justice gave to his colleagues in the Commons. Can the Minister reassure this House that the most stringent measures will now be taken to prevent the inadvertent release of any further erroneous statistics by the Secretary of State for Justice, given the alarm that these are liable to engender in the general public?

[Lord Marks of Henley-on-Thames (LD)]

My Lords, the release in error of Kaddour-Cherif from Wandsworth and all other such accidental releases, which have been far too numerous, are symptomatic of a system woefully prone to error. The noble and learned Lord, Lord Keen of Elie, has seriously criticised the answer given by the Deputy Prime Minister to the House of Commons on 5 November. It may be that the Deputy Prime Minister made the wrong call in withholding more detail because he felt he did not have the full picture, and it may also be that there were errors in the detail of his response, but if he made a wrong call on that decision to give less detail, I accept that it was a difficult call and a call made in good faith. Of itself, it has had no consequences. The more important question is how and in what timescale we improve the system now.

We on these Benches applaud the appointment of Dame Lynne Owens to conduct a full review. Accidental releases and the systems for avoiding them are very important, not just of themselves but for the confidence of the public in our systems. The Statement says that Dame Lynne’s report will come at the end of February, three months from now. I have to say that we think that is a long time. Is there scope for an interim report? Within days of Mr Kebatu’s release, the MoJ took some urgent steps, set out in the Statement, to tighten up the system and introduce, for one measure, a more robust checklist. May we ask for a further action plan, pending Dame Lynne’s final report, from her and her team if possible?

We expect, as I think the Minister does, that much of the improvement required will involve the introduction of more robust digital procedures—initially, no doubt, alongside strengthened paper procedures. Will he give an undertaking that the implementation of those of Dame Lynne’s recommendations that the Government accept will be treated with the greatest urgency? Only in that way and with that urgency can the serious loss of public confidence in our prison security that flows from these accidental releases be recovered.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I thank the noble and learned Lord, Lord Keen, and the noble Lord, Lord Marks, for the points they have made on this important issue. On Tuesday at 3.30 pm, the Deputy Prime Minister set out in the other place that we were aware of three releases in error from prison. We were also investigating a further case of a potential release in error on 3 November of a person who may have still been at large.

I can now tell your Lordships’ House that the potential case to which the Deputy Prime Minister referred was indeed a release in error. I can also confirm that this individual was swiftly returned to police custody on the same day and returned to prison the following morning. I thank Leicestershire Police for its diligent work.

Finally, the foreign national offender, who was one of the three the Deputy Prime Minister referred to, was today classified as a lawful release, following additional checks that took place. What I have just set out means that the current total of releases in error from prison stands at two, as of 9 am today. These are all operational matters and, as I am sure noble Lords appreciate, things can change quickly. The Deputy Prime Minister and I get regular updates on the situation.

Releases in error are symptomatic of a system stretched to its limits. Prisons are full, almost to breaking point, which makes them an even more challenging environment. I pay tribute to the prison staff working under incredibly difficult circumstances.

What we are talking about here is a paper-based system, with individual prisoners’ sentences worked out every time they arrive to a new prison. Prison staff must consider the type of offence committed and each individual piece of legislation it comes under. This process has become increasingly complex in recent years, owing to the previous Government’s early release programme and the scheme this Government were forced to put in place upon coming into office to prevent the collapse of our prisons. A 2021 review found more than 500 pages of sentence management guidance. Of course, prison staff go through full and proper training before they start their jobs, but the reality is that prisons suffered staffing cuts of around a quarter between 2010 and 2017. That is around 6,000 fewer people. The knock-on effect is that, today, over half of front-line prison staff have less than five years’ experience. That makes mistakes more likely.

The previous Government had 14 years to sort this problem out. The reason they did not is not because they did not try; it is because it is a complex and difficult task. I have taken on this challenge and what we are putting together is a sensible and achievable plan. I can tell noble Lords that, of the 57,000 or so routine prison releases in the year to March 2025, there were 262 releases in error. That is clearly too many. Typically, prisoners are flagged for release based on sentence length and statutory release points, usually at 40% or 50% of the sentence for standard determinate sentences and two-thirds for serious offences. Life and indeterminate sentences require Parole Board approval before release. Eligibility checks, identity verification, outstanding legal orders and exclusion criteria, such as sexual offences and terrorism, are all reviewed before release.

I accept that there has been uncertainty around the precise number of releases in error. This is down to the data challenges this Government inherited. It is why, on Tuesday, we published new data showing 91 releases in error from prisons from April to October. Further data on the breakdown of offences are official statistics that need to be combed through in detail before being put in the public domain. Publication was not due this week, but we recognised the public interest in being transparent about the overall number. I can tell noble Lords that further breakdowns will be published in the normal way through our regular statistics, and Dame Lynne Owens will be looking at data and transparency as part of her independent review. As the Lord, Lord Marks, inferred, it is important that we learn from her review.

As noble Lords will recall, following the release in error of Hadush Kebatu in October, the Deputy Prime Minister announced stronger release checks. There is now more senior accountability, including a new checklist to be completed by duty governors the night before a release. In the case of Brahim Kaddour-Cherif, the error leading to his release—a warrant for his remand being incorrectly forwarded by email from HMP Pentonville to HMP Wandsworth—took place before the new checks were put into place. Human error will, of course, always happen. It would be impossible to eradicate it completely, and no Government should pretend otherwise. I believe our staff turn up every day to do their best.

What we must do now is modernise the release process with digital systems that reduce the scope for error. Over the next six months, we will provide up to £10 million to deliver AI and technology-based solutions to support prison staff to detect mistakes and calculate sentences correctly and to ensure that they have accurate data available to them.

Public safety is, of course, this Government’s top priority. The Deputy Prime Minister has already given an unequivocal apology to all those who have faced fear, distress or worse as a result of the accidental release of prisoners, and I echo that apology. On those released in error who are still at large, victims eligible to receive services provided under the victim contact scheme will be notified by their victim liaison officer when the offender is apprehended and returned to prison custody.

Releases in error are the consequence of a system pushed beyond its limits. It is a legacy this Government are determined to fix, and we are already doing so. This Government have gripped this issue where others have failed to act.