The latest Ministry of Justice figures, published on Friday,, external show jails currently hold 87,395 inmates, with the total number of spaces standing at 88,778.
“Procrastination is not an option – this is happening now,” says the letter, seen exclusively by BBC News.
With nowhere for detained prisoners to go, cell spaces in courts and police custody suites will soon fill up – and as that space runs out, hopes of reducing the court backlog will also dwindle, leaving the criminal justice system unable to operate.
Sources in the Ministry of Justice have told BBC News officials and ministers have discussed invoking the Civil Contingencies Act 2004, which gives ministers additional powers, such as releasing inmates earlier, in the event of a large-scale emergency.
But sources suggest this will not happen until after the election, if at all.
One senior official called the situation in prisons “dire” and “deeply troubling”.
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