Up to 40,000 convicts could be freed after serving just 40% of sentences under Labour plan to ease prison overcrowding - as Keir Starmer puts reformer who believes only a third of lags should be behind bars in charge of jails

Up to 40,000 convicted criminals could be freed after serving less than half of their sentences behind bars under Labour plans to ease the prison overcrowding crisis. 

Lags could be allowed out on licence after serving 40 per cent of their terms to prevent jails running out of space within weeks. 

It came after Prime Minister Sir Keir Starmer at the weekend said prisons are an 'obvious example' of a 'broken' system. 

A record 88,225 people are currently in prison in England and Wales and there are believed to be less than 700 places remaining.

On Friday Sir Keir appointed a radical reformer to run prisons in England and Wales. 

James Timpson, who was made the new minister for Prisons, Parole and Probation, has a long track record in advocating for reforms to the UK prison system.

The Timpson CEO and son of the British cobbler's founder has previously advocated for shorter prison sentences and has been applauded for his schemes in rehabilitating offenders.

The newly-minted peer has also suggested that two-thirds of prisoners did not need to be there, instead backing community sentences which would see more offenders spared jail time.

Prime Minister Sir Keir Starmer at the weekend said prisons are an 'obvious example' of a 'broken' system. A record 88,225 people are currently in prison in England and Wales.

Prime Minister Sir Keir Starmer at the weekend said prisons are an 'obvious example' of a 'broken' system. A record 88,225 people are currently in prison in England and Wales.

Prisons Minister James Timpson during an interview with Channel 4 earlier this year, where he laid out his radical attitude towards reforming the UK's prison system

Prisons Minister James Timpson during an interview with Channel 4 earlier this year, where he laid out his radical attitude towards reforming the UK's prison system

Home Secretary Yvette Cooper said there is not going to be a 'quick fix' to the problem of overcrowding in prisons and that the new Labour Government has to deal with the legacy the Tories have left behind.

Speaking after meeting police officers in Lewisham, she said: 'I'm extremely concerned with the legacy that the Conservatives have left us with on prisons. It seems to have been a complete scorched earth policy in which they have failed to build the prisons that we need.

'They have allowed the number of remand prisoners, of people waiting for trial to increase because of the chaos and the backlog in the criminal justice system.

'All of those things are going to need to be addressed and to be fixed, and the Prime Minister has said there isn't going to be a quick fix, but we're going to have to deal with the legacy that we inherit.

'But I think it's been totally irresponsible, the way the Conservatives have handled this for not just recent months, but in fact, for years. It's deeply, deeply damaging what they have done, and we are going to have to look at what it is we now inherit.'

Newly appointed Justice Secretary Shabana Mahmood has been advised that the emergency early release plan could prevent prisons running out of space within weeks.

The Ministry of Justice (MoJ) have been told by officials that the move would give them an extra 18 months to allow more prison places to be freed up. It would also allow for a wider review of sentencing to take place.

While no decisions have been finalised and opposition from other ministers is expected, this is a plan Labour are currently considering.

The move would see prisoners serving sentences with a fixed end date, who are currently being released after serving half their time, freed 40 to 43 per cent of the way through instead. 

Offenders who are subject to parole board decisions surrounding their release and those imprisoned for sex crimes, violence or terrorism would not be eligible for the scheme.

It would replace the 10-week early release scheme currently used by prisons which have reached capacity.

If implemented, the new scheme would see thousands of prisoners released early across all prisons in England and Wales.

Ministers are aware they must make a decision in the coming week as it will take the prison service six weeks to carry out risk assessments on inmates and assign probation officers to them. 

Newly appointed Justice Secretary Shabana Mahmood has been told that the emergency early release plan could prevent prisons running out of space within weeks

Newly appointed Justice Secretary Shabana Mahmood has been told that the emergency early release plan could prevent prisons running out of space within weeks

If they decide to go ahead with the plan, it would require laying secondary legislation instead of a full Parliamentary Bill.

It would also allow enough time to refurbish old prison cells and get more jails running services online.

Ministers are expected to confirm the manifesto pledge for a review of sentencing,  which would include the possibility of replacing some prison sentences under 12 months with suspended jail terms.

A prison service source told The Telegraph: 'It feels like the only measure that buys time because of the terrible inheritance left by the last government who didn't fix the prisons crisis and allowed it to get into this state.'

The Prison Governors' Association, penal experts and the Prison Reform Trust, have all backed the early release scheme.

The Prison Reform Trust was chaired by James Timpson, who was appointed Prisons Minister by Sir Keir on Friday.

Mr Timpson, whose shoe repair and key-cutting business has pioneered the employment of ex-offenders, is expected to lead efforts to reduce reoffending, with a focus on getting them working as the biggest combative method.

In the past, the businessman called for the government to take the 'politics out of sentencing' and proposed a system akin to the Netherlands, where community sentences are used more frequently.