Convicts could go free 20 days early as jails hit bursting point

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A controversial early-release scheme may be extended as jails approach bursting point.

By last Friday night, the number locked up in England and Wales had risen to 83,670 - 50 more than the maximum capacity.

Some are having to be held in police stations or court buildings.

A fresh influx expected from courts following the Bank Holiday weekend threatens to push the jail population beyond the safe legal limit.

Last June ministers were forced to introduce the End of Custody Licence Scheme, allowing prisoners to be freed 18 days early.

Since then, some 35,000 criminals, including 6,000 violent offenders, have benefited.

Now, according to insiders, officials have drawn up contingency plans to increase the 18 days to 20 or more in an emergency, freeing a few hundred more cell places.

Justice Secretary Jack Straw is extremely reluctant to extend the measure, but the current crisis could force his hand.

Criminals freed 18 days early have gone on to commit hundreds more crimes, including a murder and a rape.

They are also claiming more than £2.6million a year in extra benefits, to compensate for the 18 days they are not housed and fed in jail.

The Ministry of Justice insisted last night that the Prison Service is coping 'effectively', but options for boosting jail capacity are being investigated.