The Ministry of Justice has admitted that almost 40 people were let out of prison by mistake under Labour's controversial early release scheme.

One MoJ source said some 37 criminals were released erroneously on September 10 because their offences had been recorded incorrectly under now-repealed legislation.

As a result, the cases were not flagged for exemptions meant to stop criminals guilty of certain offences from being released.

Five prisoners are still on the loose, but "most" have been brought back into custody, the source said.

A Ministry of Justice spokesman said: "Public safety is our first priority. That is why we took decisive action to fix the broken prison system we inherited and keep the most dangerous offenders locked up.

"This included blocking the early release of domestic abuse offences such as stalking and controlling behaviour.

"We are working with the police to urgently return a very small number of offenders - who were charged incorrectly and sentenced under repealed legislation - to custody.

"The convictions remain valid with offenders monitored since their release and will soon be back behind bars."