On 21 October 2024, the prison population of England and Wales stood at 87,465 against a Useable Operational Capacity of 89,136 - Prison population: weekly estate figures 2024 - GOV.UK. That is a prison service sailing close to the wind at 98,13% full.
6 years ago, on 3 August 2018, the figures were 83,107 against capacity 86,012. That is 96.62%.
Admittedly that is a mere snapshot but indicates a system that has NOT suddenly started to struggle but one that has been running close to capacity for many years. The capacity issue ought to have been addressed by the previous government.
Action taken by the present government includes Emergency action taken on prison population and the announcement of a Landmark Sentencing Review launched to end prison crisis - GOV.UK to be led by former (Conservative) Secretary of State for Justice / Lord Chancellor Mr David Gauke.
Whilst the sentencing review has some limitations such as
the exclusions of Youth Sentencing and Remand, it promises to be a comprehensive examination aimed at ensuring that prison sentences punish serious offenders and protect the public, greater emphasis on rehabilitation / reduction of offending, and 'tougher punishments outside of prison' (e.g. community sentences.Underlying all of this are some harsh realities.
(1) Prisons are mostly grim, appalling places which achieve very little in the way of rehabilitation,
(2) the Probation Service will require considerable further staffing and investment if it is to achieve greater effectiveness,
(3) there are too many imprisonable offences and some offences ought to be imprisonable only in the much more serious cases,
(4) enforcement of community sentences and fines is not as effective as it might be and enforcement is often achieved by imposing imprisonment.
(5) there is the potential to use imprisonment for non-payment of Council Tax and TV Licences - TV licence fee decriminalisation decision shelved - BBC News. The review will prove to be useless unless those matters are adequately addressed.
The Reviewing team - (yet to be announced) - will be short neither of reading (e.g. the history of sentencing since, for example, the Criminal Justice Act 1991) or ideas / proposals from various sources for reform (e.g. Magistrates' Courts and short-term sentences). It is to hoped that the Review will consult very widely and include victims of crime and also the wider public which often has well-grounded concerns about the levels of offending at street level.
It has been announced that, from 18 November, Magistrates will (again) be empowered to impose imprisonment for up to 12 months (for a single offence). This seems to run in the opposite direction to the aims of the Sentencing Review.
The government states that the change "will help to tackle the record remand population in jails and address the Crown Court backlog, also at a historic high" and "The move will save approximately 2,000 days in the Crown Court, so that time can be reserved for the most serious and complex cases" - Increased sentencing powers for magistrates to address prisons crisis - GOV.UK.
Delays for trials in the Crown Court are lengthy (some cases being listed for 2027) and delays have been building for several years. Covid-19 aggravated the situation but is by no means the only cause and matters such as underinvestment in the court service have played a significant part.
I wish this review well and it is long overdue. The links below offer further information.
Links
Centre for Crime and Justice Studies
Root and Branch Review of the Parole System: The Future of the Parole System in England and Wales
Other links may be added over the coming days
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