Another accidentally released prisoner may still be at large, Lammy admits

Another accidentally released prisoner may be at large, on top of the three already confirmed to be on the loose, justice secretary David Lammy says.

Updating MPs after a chaotic appearance at deputy prime minister’s Questions last week, Lammy also confirmed details about the mistakenly set free prisoners who remain missing.

“I have been informed, Mr Speaker, this afternoon that [His Majesty’s Prison and Probation Service] are investigating a further case of a potential release in error on November 3 who may still be at large,” Lammy told the Commons.

The Justice Secretary told MPs that none of the three criminals confirmed to be missing are convicted sex offenders, according to their prison records, and that one of them is a foreign national offender.

The first mistakenly-released prisoner was in jail for failure to surrender to the police and was released in error in December 2024.

The second was in prison for a class B drug offence and was released in error in August 2024, and the third was in prison for aggravated burglary and released in error in June 2025.

Lammy also confirmed a total of 91 prisoners have been freed by mistake in the past seven months, according to new Ministry of Justice figures.

“This was not a publication due today, but we recognise the public interest in being transparent about the overall number,” the justice secretary said.

Lammy also sought to explain to MPs what he knew and when about mistakenly freed sex offender Brahim Kaddour-Cherif, after he refused to answer questions on the case last week when asked by the Conservatives.

During Prime Minister’s Questions (PMQs) last Wednesday, when Lammy was standing in for the PM as his deputy, he was asked multiple times by the Conservatives if he knew of any other asylum seeker prisoners who had been accidentally released in the last week.

Shortly after PMQs the news broke that Kaddour Cherif, who is not an asylum seeker, was on the loose after being accidentally released, sparking outrage about why the Deputy PM had not told MPs what he knew.

Lammy told MPs that he didn’t want to confirm the case in the Commons as “details were still emerging”, and his officials had not had confirmation about whether he was an asylum seeker.

“Given the nature of the opposition’s question, I made a judgement that I would wait,” he said.

Lammy also insisted that the error that led to Kaddour Cherif’s release happened in September, before stronger prison checks were introduced on October 27, despite him being released two days later on October 29.

Shadow Justice Secretary Robert Jenrick said Lammy had created “a whole new category of criminal who can just waltz out of prison, despite having the strongest ever checks introduced by this justice secretary.”

“Like increasing numbers of criminals in our jails, the justice secrtary just doesn’t know whether he’s coming or going,” Jenrick said.

Despite the number of accidental releases rising for some time, the focus on the issue was ignited following the high-profile case of Hadush Kebatu, the now-deported migrant whose arrest sparked protests in Epping, Essex.

The latest government figures show 262 prisoners were accidentally released in the year to March 2025 – a 128% increase on 115 in the previous 12 months.

Releases in error can happen due to misplaced warrants for imprisonment or remand, sentence miscalculations, or mistakes by courts or other authorities, the Ministry of Justice said.

Brahim Kaddour-Cherif was rearrested on Friday, November 7, after another released prisoner and fraudster, William Smith, handed himself back into Wandsworth prison the day before.