Rising prison numbers have been caused by political interference into sentencing, the country's top judge has claimed.
Lord Chief Justice Lord Woolf blamed the record number of inmates on political initiatives and a distrust of judges imposing jail terms.
The prison population in England and Wales is at an all-time high of 73,122.
Prison reform campaigners have blamed overcrowding for suicides and reoffending.
Speaking at a prison service college near Rugby on Friday, Lord Woolf was reported as saying overcrowding was caused by politicians.
'Hands tied'
According to the Times, he said: "There has been political initiative after initiative that has led to the increase in the use of custody."
He added: "There has been no trust in judges to impose the right sentence. The judges' hands are tied. We try to be sensible."
Since Labour came to power in 1997, there have been 12 criminal justice acts.
Another major criminal justice bill is going through Parliament aimed at overhauling sentencing and increasing jail terms for murderers.
"
The government is radically reforming the criminal justice system in
response to a public crying out for change
"
Home Office spokesman
The Conservatives were also keen to introduce criminal legislation when in government.
Lord Woolf said Home Secretary David Blunkett's proposals for longer minimum jail terms for murderers would impact on all offenders.
Relations between the two men appeared to be strained recently, when Mr Blunkett joked about Lord Woolf's alleged leniency, in a speech to police officers.
A Home Office spokesman declined to comment directly on Lord Woolf's comments.
But he said: "The government sets the sentencing framework, judges have discretion to make the sentencing decisions in individual cases.
"Where prison is an appropriate punishment it should be applied.
"The government is developing its capacity to make sure that we have enough prison places.
"The government is radically reforming the criminal justice system in response to a public crying out for change."
Overcrowding has recently been highlighted at Liverpool, Pentonville and Wandsworth jails.
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