Ministers are poised to unveil reforms in response to reports of overcrowded prisons.

 

This week, Lord Edis, the senior judge in England and Wales, has directed a postponement in the sentencing of convicted criminals currently out on bail. According to The Times newspaper, this may lead to delays in the sentencing of individuals convicted of rape and burglary from Monday onwards.

Health Secretary Steve Barclay acknowledged the substantial pressure on the prison system. However, he declined to address the alarming reports regarding prisons nearing their capacity. He emphasised that sentencing decisions are made independently by the judiciary and stated that the government is rapidly increasing the number of available prison spaces.

Justice Secretary Alex Chalk is expected to address MPs in the House of Commons on Monday, following the return from Recess. He is slated to discuss a reform programme aimed at enhancing public safety by incarcerating the most dangerous criminals.

Tana Adkin KC, Chair of the Criminal Bar Association, affirmed that judges would still adhere to sentencing guidelines for severe offences, such as violence or sexual violence, which necessitate immediate imprisonment. However, she cautioned that overcrowding in prisons has reached a critical juncture in terms of judges handling ongoing cases.

Statistics indicate that the number of individuals held on remand has surged by over 60% compared to pre-pandemic levels – from 9,500 then to 15,500 by the end of June. The UK’s prison population has seen a significant rise since the onset of the Covid-19 pandemic in 2020, with the latest figures showing a total of 88,016 prisoners.

As of October 6, the overall prison estate capacity stood at 88,667. The Times quoted an unnamed senior judge who stated they had been “ordered/strongly encouraged” not to remand a defendant in custody if they appeared before them on bail, due to concerns about the prison system being at full capacity. The Judicial Office, which provides support to the judiciary, declined to comment on the discussions during an internal meeting.

The independent body also stated it could not confirm whether new sentencing guidance had been issued to judges. A Ministry of Justice spokesperson clarified that the most serious offenders should be incarcerated and individuals deemed a risk to public safety are remanded in custody while awaiting trial. They refuted reports suggesting otherwise and highlighted the challenges faced by the prison estate, particularly following the pandemic and barristers’ strike. The spokesperson also mentioned ongoing efforts to expand capacity in the short term.

Labour’s Shadow Justice Secretary, Shabana Mahmood, criticised the Conservative government’s handling of the criminal justice system and the state of the prison estate. She expressed concern about the government’s ability to detain serious offenders and questioned their suitability to remain in power.