In its 9th report of Session
2026-27, the cross-party House of Lords Secondary Legislation
Scrutiny Committee has raised a number of concerns after
considering the Prison (Governor's and Adjudicators'
Punishments) (Amendment) Rules 2026 (the Rules).
The Rules strengthen the regime for punishing breaches of
discipline by prisoners. They create one new sanction, the
forfeiture of social visits for a specified period, and extend
two existing punishments: increasing both the maximum period of
forfeiture of privileges such as gym access and the maximum
number of additional days that can be added to a prisoner's
sentence. Both are increased from 42 days to 84 days. These
sanctions apply to prisoners aged 21 and over.
Key concerns highlighted include:
-
Adverse impact of withdrawal of social
visits The Ministry of Justice (MoJ) told the
Committee that this sanction is usually a last resort and
includes an exemption which would allow visits from prisoners'
children. While acknowledging the need for addressing
disruptive behaviour, the report expresses concern about the
adverse effect a withdrawal of social visits might have on
prisoner rehabilitation and motivating good
behaviour. The report suggests the House should
ask the MoJ how the impact of these changes will be monitored
and reported.
-
Implications for prison capacity The
Government has previously had to take a number of urgent
measures to address the lack of available prison spaces, so
extending prisoner sentences may create additional pressure in
this area. The MoJ is unable to estimate the effects of this
sanction and the report suggests the House
enquires further on how this will be monitored.
-
Rise of indiscipline The MoJ told the
Committee that the changes being introduced under the Rules are
necessary to address a disproportionate rise in indiscipline,
but also said that there has not been a sustained or
disproportionate recent increase in the volume of prison
indiscipline. Meanwhile, data obtained by the Committee
suggests there was a 38% rise in adjudications, which are
hearings that deal with cases of indiscipline, between 2023 and
2025. The MoJ said that changes in how the data is compiled may
mean this increase exaggerates the actual rise in indiscipline,
but was not able to estimate the size of this
effect. The Committee expressed concern that there
may in fact have been a genuine and significant increase in
indiscipline, but that the MoJ is unable or unwilling to
disclose this publicly. Similarly, the report found
that the department does not have a clear view on the causes of
indiscipline, making it difficult to implement effective
mitigating actions. The report asks the House
to enquire further on what the MoJ is doing to
deepen its understanding of prison indiscipline and therefore
be able to put in place more effective
counter-measures.
, Chair of the
Secondary Legislation Scrutiny Committee, said:
Adequate prison sanctions to punish breaches of prisoner
discipline are a necessary tool to address disruptive behaviour.
However, we must not forget that the purpose of prison is not
limited to punishment but also includes
rehabilitation.
There is a concerning lack of detailed analysis by the
Ministry of Justice (MoJ) about the possible consequences of
these changes, especially in relation to the effects on prisoner
rehabilitation and behaviour, and on prison capacity if sentences
are further increased.
Perhaps even more concerning is that the department does not
appear to have a clear view on recent trends in prison
indiscipline and the factors that might affect it, including
adequate staff training, staffing levels in general and, once
again, prison capacity. Surely a clear understanding of these
factors is a prerequisite for developing policies to tackling
indiscipline effectively.
The Government must address how the effect of these changes
will be monitored and reported and, more widely, how the MoJ
intends to deepen its understanding of what drives prisoner
indiscipline so that it can put effective counter-measures in
place. We have suggested the House raise our concerns to hold the
department to account in this area.
Notes to Editors
- The Prison (Governor's and Adjudicators' Punishments)
(Amendment) Rules 2026 (SI 2026/664) were laid by
the Ministry of Justice on 22 June 2026. They come into effect
on 2 September 2026.
- The Regulations are subject to the negative resolution
procedure and will not therefore be debated unless a Member of
the House puts down a motion. Under the negative resolution
procedure, if any Member wishes to object to regulations, a
motion (called a prayer to annul) must be debated within 40 days
of laying (the prayer period). The prayer period for these Rules
ends on 8 September 2026.
