Magistrates have been told to consider pushing back the sentencing of criminals because of concerns about overcrowding in prisons.

Sky News has seen an internal direction sent to courts in England and Wales saying hearings due in the next two weeks should be reviewed if the defendant is currently on bail – and potentially postponed until mid-September.

Politics live: Rising energy costs ‘deeply worrying’ for families

The document, sent on Wednesday by deputy senior presiding judge Lord Justice Green, and first reported by the Times, said the direction was being made “in the context of the current challenges in our prisons”.

They added: “Where it is assessed that a custodial sentence is a possible outcome, consideration should be given to rescheduling the hearing for the shortest possible period of time, but not earlier than 10 September.

“Every case must be considered on an individual basis and decisions must be made on the basis of the interests of justice.”

Keep up with all the latest news from the UK and around the world by following Sky News

The government has already announced the standard release date for many prisoners will be brought forward – freeing up thousands of cells across the country.

Labour detention plan not likely to stop small boats, says former head of Border Force

No action taken against Labour MP Clive Lewis after complaint over social media post, Sky News understands

Tories demand investigation into Civil Service appointments under Labour government

But this measure is not due to come into force until 10 September, meaning the large numbers of recent riot-related convictions are putting extra immediate pressure on the prison system.

The direction from Lord Justice Green means that individuals who have been found guilty of crimes will potentially stay out of prison on bail for several more weeks.

Please use Chrome browser for a more accessible video player

A government source pointed out that defendants judged to pose the most significant risk to the public will already be behind bars and this guidance does not apply to them.

The source also said courts can impose stringent bail conditions ahead of sentencing.

A Ministry of Justice spokesman said: “The new government inherited a prisons crisis, and this is yet another sign of the pressures our justice system is facing. The changes coming into force in September will bring it under control”.

Be the first to get Breaking News

Install the Sky News app for free

Magistrates deal with crimes like assault and burglary, and have the power to hand down a maximum sentence of six months for a single offence and 12 months for multiple offences.

Earlier this week, the government triggered Operation Early Dawn – meaning defendants could be held in police cells for longer until prison space becomes available.

Related posts:

Trump said he would pay £100,000 ‘not to hear Theresa May talk’ Priti Patel faces calls to resign as court rules barracks housing for asylum seekers unlawful What is ‘Freedom Day’ in England likely to look like – and will it go ahead on 19 July? At least one No 10 official fined for lockdown-busting ‘bring your own booze’ party, Sky News understands Dominic Cummings says Met Police never sent him a partygate questionnaire Conservative leadership race: What time is the result and what happens next? ‘You’re the journalist, not me’ | James Cleverly and Sharon Graham Rishi Sunak: Labour attacks on my wealth ‘don’t bother me’ PM to call on investors to match Ukraine’s ‘bravery on the battlefield’ by helping country’s economic recovery Longest strike in NHS history leads to over 113,000 cancellations – and impact may last for ‘months’ ‘Stars could not be more aligned against us’: Senior Tories predict loss in Blackpool by-election The powder keg of prisons is now Labour’s responsibility