Revealed: Britain's most overcrowded prisons as judges are told to spare convicted rapists and burglars jail because there is not enough room

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Britain's prisons are bursting at the seams, with some holding nearly double the number of inmates they were originally designed for. 

The average annual prison population has quadrupled between 1900 and 2023, going from just over 17,400 to around 83,100 - according to official data. 

The busiest prison in the country is Leeds, which is currently operating at 173 per cent capacity. 

This is followed by Durham (169%), Wandsworth (163%) and Lincoln (162%) – which all have a Category B security rating. Preston, Bradford, Leicester, and Doncaster are all at over 150% capacity.

New guidance in response to overcrowding means sex offenders and burglars could be let out on bail rather than handed an immediate custodial sentence. 

Britain's prisons are bursting at the seams, with some holding nearly double the number of inmates they were originally designed for. The average annual prison population has quadrupled between 1900 and 2023, going from just over 17,400 to around 83,100 - according to official data

The most dangerous criminals will reportedly have to be held in magistrates' court cells if they are remanded in custody.

Lord Edis, the senior presiding judge in England and Wales, has ordered the sentencing of convicted criminals currently on bail to be delayed from Monday, The Times reported.

The news has caused anger and disbelief among barristers, judges, and politicians across the country.

Leading criminal barrister Joanna Hardy-Susskind wrote on Twitter, it was dismal, while shadow Home Secretary Yvette Cooper labelled it 'truly, truly shocking'

The UK's prison population has increased substantially since the Covid pandemic in 2020 and, according to the latest figures, there are now 88,016 prisoners.

As of October 6, capacity across the whole prison estate stood at 88,667 - meaning there are only 651 spaces left.

Nazir Afzal, former North West Chief Crown Prosecutor said it was 'evidence of the broken criminal justice system'.

'The fact that judges have been told to not sentence offenders, previously on bail, to jail next week because the prisons are full is all you need to know', he wrote on X. 

Shadow secretary for justice, Shabana Mahmood, called it a 'damning indictment of the state of our prisons'.

The Labour MP for Birmingham Ladywood said: 'The government has been warned time and again but instead of addressing the challenges, they have driven the justice system into the ground.'

The average annual prison population has quadrupled between 1900 and 2023, going from just over 17,400 to around 83,100 - according to official data

The busiest prison in the country is Leeds, which is currently operating at 173 per cent capacity 

The UK's prison population has also increased substantially since the Covid pandemic in 2020

Ms Hardy-Susskind has given evidence to Government committees on how to improve the legal profession. She said: 'Any competent government would have seen this problem hurtling towards them for months. 

'And yet. Here we all are. Asking guilty offenders to queue nicely and wait a little longer for a prison bed to become available so that they can then be punished. Dismal. Utterly dismal.'

While The Secret Barrister said 'his is where our 'tough on crime' government has led us'. 

'By stripping the system of funding and shovelling more and more people into our broken prisons, they have made it literally impossible for any more offenders to be imprisoned,' the popular anonymous lawyer wrote on X. 

Victims' commissioner at London City Hall Claire Waxman was equally as vexed and aimed her anger towards Rishi Sunak in a message on X. She wrote: 'The justice system in this country is officially broken if judges are now told not to jail convicted criminals as prisons are full.

'A convicted rapist could be back in the community, free to re-offend, leaving victims and public at risk @RishiSunak.' 

Barristers and politicians, including shadow Home Secretary Yvette Cooper, have reacted with fury to the news rapist could be free to walk the streets next week 

Asked on Sky News if the reports are true, Health Secretary Steve Barclay said: 'It's a longstanding convention ministers don't comment on leaks. The Lord Chancellor will make a statement to Parliament on Monday.'

Pressed over whether prisons are full, he conceded 'they're under huge pressure'.

But he said that is the case in 'many countries', adding it is due to the Government ensuring prisoners are in jail 'for longer' and because of 'pressures as a result of Covid'.

He also told the programme: 'We have an absolute commitment to protect the public.'

He told broadcasters the judiciary makes independent decisions on sentencing but insisted the Government is overseeing the 'fastest rollout of prison places'.

He told Times Radio: 'There is pressure on the system, as there is in Ireland, as there is in France and a number of countries, as a consequence of the fact that jury trials were delayed during Covid, and that has meant there are additional numbers on remand.

'Decisions on sentencing are taken by the judiciary independently. What the Government is doing is expanding at pace the number of prison places that we have.'

Earlier this week Justice Secretary Alex Chalk revealed he was looking into a plan to hire prison cells in other countries for the first time.

Lord Edis holds the senior administrative position in the Crown courts

Renting foreign prison cells will require a change in the law.

A Tory spokesman said: 'Exploratory discussions with possible partners in Europe have already taken place and are ongoing.

'Agreements would mean that prisoners in the UK could be moved to another country's prison estate provided the facilities, regime and rehabilitation provided meets British standards.

'This is an established approach which has been used by other European countries including Belgium and Norway who have moved prisoners to the Netherlands.'

A Ministry of Justice spokesperson said: 'We are categorical that the most serious offenders should be sent to prison and that anyone deemed a risk to public safety is remanded in custody while awaiting trial. Reports to the contrary are false.

'This Government has done more than ever before to protect the public and keep sex offenders locked up for longer, ending automatic halfway release for rapists and serious violent offenders and sending rapists to prison for three years longer than in 2010.

'Following the pandemic and barristers' strike, the criminal justice system has seen a significant spike in the prison population, with 6,000 more prisoners on remand than before the pandemic. While we are carrying out the biggest prison-building programme since the Victoria era, and have taken decisive action to expand capacity further by doubling up cells in the short-term, the prison estate remains under pressure.

'The Lord Chancellor will be meeting criminal justice partners later today and setting out a programme of reform in the coming days to ensure that we can continue to strengthen public protection by locking up the most dangerous criminals.'