MAGISTRATES were asked today to postpone sentencing for criminals who are likely to be jailed until after the government’s early release scheme comes into effect next month.

Deputy senior presiding judge for England and Wales Lord Justice Nicholas Green issued the “listing direction” in a bid to ease pressure on Britain’s overcrowded prisons.

The early release scheme will allow prisoners to be released on licence after serving 40 per cent of their sentence behind bars, instead of the current 50 per cent, from September 10.

It is expected to free up about 2,000 prison places straight away and up to 5,500 in the longer term. It will not apply to violent offenders serving sentences of four years or more, or those convicted of domestic violence or sexual offences.

Magistrates’ Association chief executive Tom Franklin said: “Another day, another sticking plaster to hold our crumbling justice system together.

“While this measure may be necessary in the short term, things can’t keep going on like this and we need a long-term plan and an injection of more resources at every stage of the justice process for recovery.

“We also need a grown-up discussion about the purpose of prison — and indeed other types of sentences such as community sentences.”

Prison Officers’ Association (POA) national chairman Mark Fairhurst said: “POA members are the only people who have absolutely no involvement in the incarceration of individuals.

“We do not arrest, investigate, charge, convict or sentence. We will, however, stand ready to accept those who are sent to us by the courts.

“We can accommodate anyone who is convicted, so we see no reason why justice should be delayed.”

Law Society of England and Wales president Nick Emmerson said: “This is another clear indicator of the scale of the crisis in our justice system and there are no easy solutions after decades of neglect.

“The government and judiciary are having to make difficult choices to try to mitigate the emergency in the short term.

“An urgent injection of funding is needed across our justice system. Otherwise, justice will continue to be delayed for victims and defendants.

“Unless investment is forthcoming to ensure we have a functioning justice system, victims will continue to lose faith and deterrence for criminals will diminish.”

The Ministry of Justice said the guidelines did not apply to high-risk offenders already on remand.