Lord Chancellor outlines urgent measures to tackle prison capacity crisis

In a recent speech at HMP Five Wells, newly appointed Lord Chancellor Shabana Mahmood detailed the urgent steps the government will take to address the impending crisis of prison overcrowding. With the prison system operating at over 99 percent capacity since early 2023 and only hundreds of places left in the adult male estate, Mahmood emphasised the necessity of immediate action to avert a collapse that could paralyse the criminal justice system.

Immediate Concerns and Consequences

Mahmood highlighted the dire consequences of inaction, noting that full prisons would lead to increased violence, putting prison officers at greater risk. She painted a stark picture of the potential fallout: suspects unable to be held in custody, police cells used as overflow, courts unable to conduct trials, and a resultant surge in unchecked criminality. The Lord Chancellor warned of a scenario where law enforcement could be severely hampered, leading to chaos and a breakdown of public order.

Strategic Interventions

To mitigate the crisis, the Lord Chancellor announced several strategic measures:

1. Ending the End of Custody Supervised Licence Scheme: This early release program, initiated in October 2023, will be terminated. Over 10,000 offenders had been released under this scheme to ease capacity pressures.

2. Reducing Sentence Proportion in Prison: Temporarily, the proportion of certain custodial sentences served in prison will be reduced from 50% to 40%. This change includes safeguards and exemptions for serious violent and sexual offenses, as well as domestic abuse-related crimes. Offenders released under this measure will be strictly monitored by the Probation Service.

3. Probation Service Reinforcement: Plans to recruit over 1,000 additional trainee probation officers by March 2025 aim to enhance the oversight and management of offenders released from prison.

Future Planning and Long-Term Strategy

Mahmood emphasised that these measures are temporary and aimed at providing immediate relief. The government is committed to a comprehensive long-term strategy to address prison capacity, which includes:

• Accelerating Prison Construction: Unblocking planning systems to build prisons more quickly.
• Publishing a Ten-Year Capacity Strategy: To be released in the Autumn, aligned with the Spending Review timeline.
• Annual Statement on Prison Capacity: Ensuring transparency and accountability, the government will publish detailed annual statements on prison capacity to prevent future crises.

Support from Law Enforcement

National Police Chiefs’ Council Chair, Chief Constable Gavin Stephens, expressed support for the government's swift action. He affirmed the commitment of the police to work with the Ministry of Justice and other partners to manage the impact of these changes, particularly in supporting victims and affected families.

Conclusion

Lord Chancellor Shabana Mahmood concluded her address by acknowledging that these measures are not a definitive solution but are critical steps to buy time and address the prison crisis sustainably. She reiterated the importance of continuing the prison building program and driving down reoffending rates to ensure a long-term resolution to the prison capacity crisis.

The immediate changes, requiring secondary legislation, are expected to come into force in September, providing the necessary time for the Prison and Probation Service to plan and implement the new release protocols. The government's commitment to transparency and reform aims to prevent a recurrence of the current situation, ensuring the criminal justice system remains functional and effective in protecting the public.

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