Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what contingency plans are in place should prison capacity reach a level at which courts are unable to sentence offenders to immediate custody.

From January 2023 to September 2024, the adult male prison estate routinely operated at over 99% of capacity, however this is unsustainable and creates serious risks to the safe and effective operation of the criminal justice system.

If prisons reach capacity, courts would be forced to suspend trials, the police to halt arrests and public safety put at risk. That is why this Government has taken decisive action to put prison capacity on a sustainable footing, including through the Sentencing Act 2026 and the delivery of 14,000 additional prison places by 2031.

We continually monitor the prison population, and in the event that pressures begin to impact the wider Criminal Justice System, HMPPS has established contingency arrangements to manage offender flows.