Emergency action to be taken on prison population

Updated 18 July 2024

The Secretary of State for Justice and Lord Chancellor is now Shabana Mahmood MP and found herself in the unenviable position of having to announce action to defuse prison ‘time-bomb’ - GOV.UK (www.gov.uk). At 12 July, the prison population stood at 87,505 against a useable operational capacity of 88,956 - (here). 

I use the word "unenviable" because it is bound to lead to accusations from political opponents that the government is putting the population in danger or that it has gone soft on crime. Because of this, I urge readers to look carefully at Mahmood's statement - Lord Chancellor sets out immediate action to defuse ticking prison ‘time-bomb’ - GOV.UK (www.gov.uk).

It is now 30 years

since Michael Howard used the phrase "prison works" and throughout that time there has been a ratchet effect on prison population as politicians competed with each other to appear tough on law and order. It was not - and may still not be (?) - a vote winner to appear to be weak in this area.

Things got worse from 2010 as austerity cuts bit and prisons felt the squeeze as much as elsewhere. Violence and suicides rose combined with a recruitment and retention crisis. There never was a strategy for the long term but there is some hope that the new Labour government intends to put that right but, of course, it can only do so if adequate funding is made available and if funds are properly directed.

Fuller details of Mahmood's scheme remain to be seen. An early release scheme put in place last October by the Conservative government has already released over 10,000 offenders. The new scheme will temporarily reduce the proportion of certain custodial sentences served in prison from 50% to 40%, with important safeguards and exemptions to keep the public safe and clear release plans to manage them safely in the community.

Sentences for serious violent offences of four years or more, as well as sex offences will be automatically excluded, and, in an important distinction from End of Custody Supervised Licence scheme, the early release of offenders in prison for domestic abuse connected crimes will also be excluded. This will include:

• stalking offences
• controlling or coercive behaviours in an intimate or family relationship
• non-fatal strangulation and suffocation
• breach of restraining order, non-molestation order, and domestic abuse protection order

Anyone released will be strictly monitored on licence by the Probation Service through measures which can include electronic tagging and curfews. They face being recalled to prison if they breach their licence conditions.

The new rules will also not apply to most serious offenders, who already either spend two-thirds of their sentence behind bars or have their release determined by the Parole Board.

The changes to the release point for offenders on standard determinate sentences will require secondary legislation to be voted on by Parliament and could come into force in September.

UK prison population statistics - House of Commons Library (parliament.uk) 8 July 2024

House of Commons - The Government's Approach to Crime Prevention - Home Affairs Committee (parliament.uk).

What Labour said in its election manifesto - Take back our streets – The Labour Party. It's very early days but we are entitled to judge them on that.

UPDATE 18 July 2024

The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (legislation.gov.uk) and

The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 - Draft Explanatory Memorandum (legislation.gov.uk)

UPDATE 6 September 2024

Prisons crisis needs ‘radical solutions’ in England and Wales, say former top judges | Prisons and probation | The Guardian

UPDATE 20 September 2024

‘Hundreds’ of prisoners freed early in England and Wales not fitted with tags | Prisons and probation | The Guardian