Thieves and pushers moved to open jails

John Reid ordered the switch to make use of the final 500 places available across the entire prison system.

Criminals sentenced to one year or less and in the final month of their terms will find themselves suddenly enjoying a much freer regime.

Normally, they would remain in secure prisons for their entire sentences. Now they will be allowed to spend the last 28 days in open conditions - with not even fences in place to stop them simply walking out.

Last night the Conservatives condemned the Home Secretary's decision, warning it could lead to a wave of escapes.

They said it would place the public, particularly residents near open jails, at heightened risk. There have been more than 7,800 escapes from open jails since Labour came to power, with a quarter of the fugitives still at large.

The transfers will also allow the farcical prospect of those sentenced to two months or less - only half of which is ever served - never spending a single night in a secure jail. Mr Reid's prisons boss Helen Edwards sent details of the plan to prison governors last night.

In a statement, the Home Office said: "There are currently around 500 unoccupied spaces in category D (open) prisons compared to very few unused spaces in the remainder of the estate.

"To maximise use of these places we are, initially for three months, allocating lowrisk prisoners sentenced to less than a year to a category D prison for the last 28 days of their sentence, subject to a streamlined risk assessment process.

"By moving offenders close to the end of their sentence into category D prisons, places will be made available in those closed prisons where pressure is most acute."

Criminals are to be moved within days, with 500 transfers expected by Easter.

The move represents a last throw of the dice for Mr Reid. Yesterday, the prison population stood at 80,229 - including 307 inmates staying in police cells.

The Home Secretary is desperate to avoid having to order the early release of thousands of criminals to solve the crisis.

But, if the transfer order fails, he would have little option. The only remaining possibility is the use of around 100 court cells around the country.

Mr Reid's aides are hoping the transfer will at least buy sufficient time until the Home Office is split in two on May 9.

Any decision on allowing early releases would then pass to Lord Falconer, who will head up the new Ministry of Justice.

Lord Falconer, who is facing the sack within months of Gordon Brown taking over as prime minister, would have little to lose in implementing such a plan and has already indicated it will be considered.

But Mr Reid would be able to keep his "tough" reputation intact. Shadow Home Secretary David Davis was scathing about the transfers, which exclude sex offenders and those with convictions for violence.

He pointed to the wealth of evidence against placing criminals such as burglars in open conditions. Governors at open jails are also likely to be unhappy.

Many of the prisoners who are being transferred to their prisons are likely to have drug addictions, and a track-record of committing 'opportunistic' crimes.

This makes them far harder to manage than the killers they are used to dealing with, who spend the last years of their sentence in open conditions prior to release, and have already been institutionalised.

A spokesman for the Home Office said prison staff will be able to veto the transfer of prisoners they believe may present a danger or high risk of harm to the public.

She said inmates would have little to gain from escaping as their sentences are almost complete.