Prisons are expected to reach full capacity within days, warned the Prison Governors Association (PGA) in England and Wales on Tuesday.
“As this happens, courts and the police will no longer be able to freely and lawfully detain offenders,” said PGA in an open letter to political leaders in the UK.
“This will put the public at risk, as people who should be in prison are left to roam the streets,” added the PGA.
The latest data released by the UK’s Ministry of Justice shows that the prisoner population in the UK has reached 87,395, just 1,383 short of the total usable operational capacity.
On May 15, the UK government triggered Operation Early Dawn, delaying the start of some court cases across England.
One senior official called the situation in prisons “dire” and “deeply troubling”.
‘Immediate change’
Last month, the government announced an emergency measure called Operation Early Dawn, to relieve some of the pressure of overcrowding.
It involved some defendants being kept in police custody for longer or bailed.
The PGA letter urges an immediate change in legislation, so all prisoners are routinely released from custody after serving 40% of their sentence.
This must be applied retrospectively to all those currently in custody, it says.
Both Labour and the Conservatives have promised to build more prisons.
The Conservatives say, if re-elected, they will complete their programme of 20,000 new spaces by 2030 by scrapping what they call EU legacy rules.
If Labour gains power, it plans to create 20,000 prison places by enabling ministers to override local authorities on planning decisions.
In a statement, the government said the police and prison service had “long-established processes to manage short-term capacity issues”.
“The Civil Service is working closely with partners across the justice system to make sure we have the prison places needed to keep people safe,” the spokesperson added.