The male prison estate in England and Wales is facing a critical situation, with fewer than 100 available spaces remaining, according to BBC reports. The recent bank holiday weekend has added to the strain, as increased arrests due to various festivals and the lack of usual inmate releases on Monday have exacerbated the situation.
Relief Expected in Coming Days
Although the situation is dire, sources indicate that more inmates are scheduled for release in the coming days, which should alleviate some of the overcrowding. The government plans to start early releases from 10 September to create more room in the prisons.
Government’s Response to the Capacity Crisis
In a speech on Tuesday, Sir Keir Starmer highlighted the government's need to "check the precise number of prison places" daily during the recent unrest in parts of the UK. He pointed out that rioters took advantage of the prison capacity crisis.
Record-High Prison Population
The Ministry of Justice (MoJ) released figures on 23 August showing that the male prison population in England and Wales has reached 84,596, with the female population at 3,638. This marks the highest end-of-week total since weekly data started being published in 2011. The total operational capacity of the prison system is currently 89,383.
Early Release Scheme to Ease Overcrowding
To combat overcrowding, the government is set to release some inmates early, starting 10 September. Earlier this year, Labour introduced legislation to reduce the time inmates must serve before automatic release from 50% to 40% of their sentence. This change, however, does not apply to those convicted of serious offences like sexual crimes, terrorism, domestic abuse, or some violent crimes. The legislation is expected to result in the release of 5,500 offenders in September and October.
Justice System Under Pressure
An MoJ spokesperson acknowledged the challenging situation, stating that the government had "inherited a justice system in crisis" and had to take "difficult but necessary action." The spokesperson also noted that staff across the criminal justice system are working tirelessly, with the government continuing to support them as the changes come into effect.
Courts Delaying Sentencings Due to Overcrowding
In addition to prison overcrowding, the criminal courts are dealing with a significant backlog of cases, causing trial delays and longer remand periods for individuals awaiting trial. This summer’s riots have added further pressure, with more than 400 people imprisoned in recent weeks, including those on remand.
Prime Minister Defends Early Release Scheme
In a speech from Downing Street’s rose garden, the prime minister defended the early release scheme as essential to managing the aftermath of this summer’s riots and prosecuting those responsible. Sir Keir Starmer acknowledged the difficulty of the decision, stating that it "goes against the grain of everything I've ever done" in his former role as chief prosecutor.
Operation Early Dawn Activated
To further ease prison overcrowding, the government has activated "Operation Early Dawn," a plan to house defendants in police cells until prison space becomes available. This system, previously used by the Conservative government, is being implemented across the north of England and parts of the Midlands. Additionally, magistrates were instructed last week to delay the sentencing of offenders likely to be jailed but currently on bail.
Lack of Prison Capacity Criticized
Sir Keir also criticized the last government for failing to build the necessary prisons, arguing that they made false promises about longer sentences and increased incarceration without ensuring adequate prison capacity. He emphasized that the current shortage of prison places represents a fundamental failure of the justice system.
