Some prisoners were wrongly released from jail under the government’s new scheme to free up space due to a system error.
The Ministry of Justice confirmed 37 prisoners in jail for breaching restraining orders were mistakenly freed after their offences were logged under outdated legislation.
Five prisoners have not yet been returned to jail, but the other 32 were taken back into custody.
The MOJ said the prisoners were wrongly charged and convicted under old legislation, the Protection from Harassment Act 1997, when they should have been charged under the Sentencing Act 2020.
This meant the sentences were not identified as being ineligible for the early-release scheme – which they should have been.
The prisoners will serve the remaining prison term of their sentence, and guidance has been issued to staff to ensure all future releases are correct, the Ministry of Justice confirmed.
A Ministry of Justice spokesperson said: “Public safety is our first priority. That is why we took decisive action to fix the broken prison system we inherited and keep the most dangerous offenders locked up.
“This included blocking the early release of domestic abuse offences such as stalking and controlling behaviour.
“We are working with the police to urgently return a very small number of offenders – who were charged incorrectly and sentenced under repealed legislation – to custody.
“The convictions remain valid with offenders monitored since their release and will soon be back behind bars.”
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