- An independent review by former Chief Inspector of Prisons
Dame highlights the stark impact of
the most recent capacity crisis on prisons and the rest of the
criminal justice system
- Notes this is part of a pattern of capacity crises requiring
emergency action
- Recommends a move from crisis management to strategic,
preventative action
The prison system, and potentially the rest of the criminal
justice system, was within days of collapse on a number of
occasions between autumn 2023 and the summer of 2024, an
independent review by Dame today (5 August) reports. The
review finds that this is a symptom of a systemic problem, which
has led to recurring prison capacity crises over the last 18
years.
The review, commissioned by Lord Chancellor in February, paints a stark
picture of a prison system in crisis, bailed out by last-minute
emergency measures. It details the damaging impact not only on
prisons, but on probation, prison escort services and the courts.
The review found senior officials in the Ministry of Justice and
HM Prison and Probation Service (HMPPS) were increasingly focused
on managing the crisis, not managing prisons.
Taskforces, boards and committees were meeting weekly, and
at times daily, to document, monitor and try to resolve capacity
problems at the expense of other aspects of prison strategy and
policy.
On the ground, the report describes the direct and damaging
impact on those working and living in prisons and the capacity to
carry out positive and rehabilitative work. At the height of the
crisis, the work of front-line staff was dominated by numbers:
moving prisoners around, getting through the day, and
implementing ever-changing and complex release schemes.
The report examines both the causes of the rise in the prison
population, including the significant rise in the number of those
recalled to prison, often for short periods, and those remanded
and awaiting trial or sentence. It also details the
attempts to increase the supply of prison places.
The report also notes the financial cost of the crisis. The cost
of holding prisoners in police cells reached over £70 million,
and construction costs for new prisons nearly doubled, to £10.1
billion.
The report notes that successive governments, of both main
political parties, have had to resort to last-minute emergency
release measures. At the same time, population pressure has
restricted prisons' capacity to operate safe and positive
environments that can reduce the likelihood of reoffending.
Dame Anne concludes that there is now an urgent need to move from
crisis management to a strategic and systemic approach.
This should ensure not just that prisons have the capacity to
work effectively, but also that there is sufficient capacity in
the probation and other community services that are essential to
prevent offending and reoffending.
Dame said:
“The scale, likelihood, risks and consequences of the prison
capacity crisis could not have been signalled more clearly, at
every level of government. The response was last-minute
short-term fixes rather than long-term solutions to the
underlying problems. This is part of a repeated pattern of
prison capacity crises, under successive governments, which have
seriously affected prisons' ability to work effectively and
safely.
“This report is the backdrop to David Gauke's review of
sentencing and Sir Brian Leveson's review of the criminal courts.
The Government should now put in place systems that don't just
signal approaching problems, but stimulate action to prevent
them. This involves ensuring not only that prisons have the
capacity to work effectively, but that there is proper and
sustained investment in community provision, to provide effective
support to help reduce offending and reoffending.”
Dame Anne, who was Chief Inspector of Prisons between 2001 and
2010, makes a series of recommendations:
- Developing a ten-year strategy for capacity in probation and
community services, similar to the prison capacity strategy
published by the Government in December.
- Establishing an independent advisory body to provide advice
and external validation of capacity strategies across both
prisons and probation, including the impact of any proposed
changes to the criminal justice system. A similar body was
recommended in the Independent Review of Sentencing.
- Mandating the HMPPS Board to evaluate the Prison Service, in
discussion with the Chief Inspector of Prisons, and to monitor
and report on progress on capacity.
- Involving the Chief Inspector of Probation and the third
sector in discussing the design and delivery of community
services, including addiction treatment and housing.
- Reinvigorating the approach to integrated offender management
to bring together agencies to deal with repeat and persistent
offenders.
The review also supports the Independent Sentencing Review's
proposal that there should be a separate review of the impact of
minimum sentences and that the Law Commission should examine
murder tariffs as part of its homicide law review.
ENDS
Notes to editors:
- The Lord Chancellor commissioned Dame to consider the reasons why
prison supply and demand did not meet and make recommendations
that may help future governments avoid the cycle of repeated
prison capacity crises. The full terms of reference are
available here.
