A man is alleged to have sexually assaulted a woman on the day he was freed from prison under the government’s early release scheme. The controversial scheme, which allows some prisoners to be released after serving 40% of their sentence, came into force on Tuesday to ease overcrowding in prisons in England and Wales. It is understood the man regained his freedom as part of the policy and allegedly reoffended in Sittingbourne in Kent “on the same day he was released”, according to court documents seen by the PA Media news agency, which have not been independently verified by the Guardian. He was then arrested at an address in south London and charged with sexual assault. After appearing at a magistrates court on Thursday, he has been told to appear at the crown court next month and in the meantime, he has been recalled to prison. The government’s early release policy, which reduces the proportion of sentences some inmates must serve from 50% to 40%, does not apply to criminals serving sentences for sexual offences, serious violent offences with a sentence of four years or more and certain offences connected to domestic abuse such as stalking and nonfatal strangulation. However, criminals serving prison sentences of less than four years for some violent offences – including manslaughter – can be released, as can some criminals with a history of domestic violence. On Tuesday, about 1,750 prisoners were freed early from English and Welsh prisons. A Ministry of Justice spokesperson told PA news: “The government inherited prisons in crisis and on the brink of collapse. Had that happened, the courts would have been unable to hold trials and the police to make arrests. “We had no choice but to introduce emergency measures, releasing some prisoners a few weeks or months early, while excluding a number of offences and imposing strict licence conditions. “While we cannot comment on the details of any single case, those who break their licence conditions or commit further crimes will be punished.”