Prisoners in England and Wales could be moved to lower-security jails up to three years early under a quietly extended government policy designed to ease the growing crisis of overcrowding across the prison estate.
From this week, inmates serving standard determinate sentences may be transferred to Category D ‘open’ prisons as much as 36 months before their scheduled eligibility, Sky News has revealed.
These facilities, which feature minimal security and permit day release for work or education, will now play a greater role in managing prison numbers.
The change builds upon an earlier policy that allowed such transfers two years prior to the end of a sentence.
The adjustment comes amid intensifying warnings from the prison service over capacity shortfalls, with the male prison estate currently at 98% capacity.
Who Is Eligible – and Who Is Not
While the Ministry of Justice has not disclosed how many inmates could benefit from the scheme, the policy affects the majority of those in custody, as most serve standard determinate sentences.
However, several categories of offenders are explicitly excluded, including:
Sex offenders
Terrorists
Violent criminals
Stalkers
Those sentenced to more than four years
Importantly, those convicted of certain domestic abuse-related offences could still qualify, raising concerns among campaigners and criminal justice experts.
The Prison Governors’ Association has expressed deep reservations, warning the move could undermine public safety.
“This could mean a man sentenced to seven and a half years could be moved to an open prison after just two weeks, where there are no secure gates, perimeter fences, or sufficient supervision to prevent absconding,” a spokesperson said.
Although prison governors will retain limited discretion to assess risk, the default presumption is that eligible inmates will be transferred unless clear objections are raised.
Early Release Measures Not Enough to Solve Overcrowding
Despite a string of early release measures already in place, including temporary licence schemes, pressure on the prison system remains acute.
The government has accepted recommendations from a recent sentencing review, expected to reduce the prison population by up to 10,000 over three years — but these reforms are still pending legislative action.
In response to criticism, a Ministry of Justice spokesperson defended the expansion of open prison transfers, stating:
“We are on track to deliver 14,000 new prison places by 2031 — the largest expansion since Victorian times. Our sentencing reforms ensure offenders must earn their release and serve longer if they misbehave, while keeping the most dangerous individuals off the streets.”
“Only thoroughly risk-assessed offenders will be eligible for open conditions, and anyone breaching the rules will be immediately returned to a closed facility.”
