NEARLY 40 people were released from prison by mistake under the Labour Government’s emergency release scheme this month, it has been revealed.

A source at the Ministry of Justice told Sky News that 37 people who were jailed for breaching restraining orders were released in error, as their offences were logged incorrectly under repealed legislation.

Most have been brought back to custody, but five prisoners remain unaccounted for.

A Ministry of Justice spokesperson said: "Public safety is our first priority. That is why we took decisive action to fix the broken prison system we inherited and keep the most dangerous offenders locked up.

"This included blocking the early release of domestic abuse offences such as stalking and controlling behaviour.

"We are working with the police to urgently return a very small number of offenders - who were charged incorrectly and sentenced under repealed legislation - to custody.

"The convictions remain valid with offenders monitored since their release and will soon be back behind bars."

READ MORE:  Scottish Government to release more than 500 prisoners early

Some 1700 prisoners were released early from their sentences earlier this month in the first phase of the UK Government’s plan to tackle overcrowding in English and Welsh jails.

Speaking to reporters about the plan Sir Keir Starmer said of the images of prisoners celebrating: “I spent five years prosecuting and putting people in prison, and being forced to release people who should be in prison makes me angry.

“But the choice was pretty simple. We’d got to the point where prisons were so full we had the choice between releasing people in the way that we’ve done it, or not being able to arrest people and put them in prison.”