Sentencing Review and Prison Capacity Package

Shabana Mahmood Excerpts

Tuesday 22nd October 2024 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

As I informed the House earlier today, this Government inherited a prison system at the point of crisis. Prior to September, the adult male prison estate was running at over 99% capacity for 18 months, and the system was at risk of imminent collapse, with grave consequences for public safety and the whole criminal justice system.

In July we made the difficult but necessary decision to introduce a temporary change in the law to reduce the eligible standard determinate sentence release point from 50% to 40% (SDS40), with the second tranche of releases being implemented today. There are important offence exclusions for serious violent offences with a sentence of four years or more, sex offences, and certain domestic abuse-connected offences, and a commitment to review the change in 18 months. This decision was not taken lightly, but we are clear that this was the safest way forward given the scale of the emergency facing our prisons.

SDS40 bought us valuable time, which has ensured that we could keep sending criminals to prison, protect the public and make prisons safer for hard-working staff. We have already ended the previous Government’s “end of custody supervised licence” scheme, which released over 10,000 offenders early, often with very little warning to probation officers, placing them under enormous strain. We have also deactivated Operation Safeguard, which saw cells in police custody suites made available to hold prisoners temporarily when reception prisons did not have space to accept new prisoners. The headroom created by SDS40 enabled us to increase magistrates courts’ sentencing powers—from six to 12 months’ maximum custodial for a single triable either-way offence—in order to bear down on our large remand population. This measure will also help reduce the Crown court backlog. However, SDS40 was not a permanent solution, and we must now turn our attention to implementing a sustainable solution to the population crisis.

New prison places will continue to form a key part of our solution. We are committed to continuing the prison build programme that the last Government promised but did not deliver, building 14,000 places through the construction of a further four new prisons, as well as the expansion and refurbishment of the existing estate. We will also publish a 10-year capacity strategy later this year, which will set out our long-term plan for the prison estate, including streamlining the planning process.

However, we cannot build our way out of this crisis. The prison population is rising by around 4,500 each year. The current level of demand would see us need to build three mega-jails a year. The last Conservative Government managed to build three prisons in the last 10 years. However fast we build, increasing demand will outstrip supply. While there will always be a place for prison to punish offenders and keep the public safe, we must therefore review our sentencing framework, ensuring we never run out of prison places again.

We have therefore today commissioned an independent review of sentencing, which will deliver on the Government’s manifesto commitment to bring sentencing up to date. It has a clear objective to re-evaluate the sentencing framework to ensure that this Government are never again in a position where we are forced into the emergency release of prisoners. To ensure an effective and coherent justice system, the sentencing review will be guided by three principles:

First, sentences must punish offenders and protect the public, and there must always be space in prison for dangerous offenders;

Secondly, sentences must encourage offenders to turn their backs on a life of crime; and

Thirdly, we must expand the use of punishment outside of prison. In doing so, the review will look at how technology can support the administration of sentences outside of prison.

This will be chaired by the former Lord Chancellor, the right hon. David Gauke, supported by a panel that will include judicial expertise and expertise from across the justice system.

After the violent disorder, we came dangerously close to a disaster. Without action, we would have faced the prospect of a total breakdown of law and order. As a result, pressure on the system has increased, and so we must implement further urgent measures that will ensure the prison system avoids collapse before the sentencing review concludes and we can implement its recommendations. We will take a transparent approach that is proportionate to the levels of pressures seen, and this will not mean any further emergency releases.

We will:

Extend the maximum curfew period that offenders can spend on home detention curfew (HDC) from six to 12 months, meaning that those released on HDC will spend less time in prison and longer in the community subject to electronically monitored curfew.

Change the policy of risk-assessed recall review (RARR) to enable its use in a greater number of low-risk cases than at present to target the unsustainable growth in the recall population.

Work with the Home Office to identify further ways to speed up the removal of foreign national offenders from prison.

The measures on HDC and recall reform will make greater requirements of the probation service. In addition to our commitment to fund at least 1,000 additional trainee probation officers by the end of March 2025, HM Prison and Probation Service will also be considering what operational changes may be required in order to maintain a focus on higher-risk individuals supervised in the community and ensure that the public continue to be protected.

We are extremely grateful for the ongoing support shown by all those working in the criminal justice system, who have worked tirelessly to keep the system from collapsing. This Government will always put the country and its safety first and will take steps so the prison system is never allowed to reach this point again.

[HCWS156]