On the run? You can count it as time served, prisoners told

Convicts will be able to count both the day they absconded and the day they were caught as time spent behind bars.

Back inside: But convicts will be able to count the day they absconded as time spent behind bars

A criminal could walk out of an open jail in the morning and hand himself in the next day, and both days would count as time served.

The Tories accused the Government of 'rewarding bad behaviour'.

If an inmate is released in error by a prison governor, he could have all the time spent at large counted as if he had been inside, according to the new Prison Service rules.

This applies if he is unlawfully freed for as much as a quarter of his sentence and in 'very exceptional circumstances' even longer.

As prisoners are automatically released after half their sentence, this could mean a criminal could serve as little as one quarter or less of his term.

Prisoners can cite holding down a job or looking after their children as reasons to get a full discount. 

The burden of proof is on the governor to show the prisoner knew he was supposed to be in prison. 

It also emerged last night that there are 110 escaped or absconded prisoners at large. The average time spent on the run is three years  -  one convict is still at large after five years.

There are 161 criminals on the run who have not responded after being recalled from early release on End of Custody Licence  -  a controversial measure to ease overcrowding.

Last year, 510 prisoners absconded from open prisons. 

Escapees and absconders who are caught usually do not face any action, as a mountain of paperwork is needed to secure a conviction. 

The Tory justice spokesman, Nick Herbert, said: 'Only this Government could reward prisoners by giving time off for bad behaviour.

'We know that Ministers are desperate to reduce the prison population, but even by their standards of incompetence this latest policy is completely absurd.' 

The revelations came as Justice Secretary Jack Straw admitted there will be no blanket ban on granting bail to murderers  -  despite a Government promise to review the law.

The Daily Mail revealed yesterday, that Whitehall lawyers have ruled such a move would be a breach of a suspected killer's 'human rights'.

The new rules on escaped and absconded prisoners are set out in a long instruction note to governors. 

A Prison Service spokesman said: 'A period of absence will not be treated as part of the sentence served, unless there are exceptional circumstances.'