Justice Secretary Cautions Prison Capacity Shortage Possible Even with Expansion

Justice Secretary Shabana Mahmood has indicated that despite government initiatives to create an additional 14,000 prison places, a shortage of space in UK jails could still occur within the coming years. Speaking to the BBC, Mahmood stated that “building alone is not enough” to address the severe capacity issues. The government is releasing its decade-long strategy aimed at tackling prison overcrowding, which outlines further specifics on how it intends to establish 14,000 additional places in England and Wales by 2031. Shadow Justice Secretary Robert Jenrick advised against the government resorting to the “easy lever” of early release, advocating instead for alternative approaches like extended court sitting hours. This advice follows a period over the summer when prisons were within 100 spaces of full capacity. To alleviate this, the government initiated the early release of thousands of inmates, with over 1,700 released in England and Wales in September, followed by an additional 1,200 in October. As part of its new prisons strategy, termed a “Plan for Change,” the government plans to construct four new prisons over the next seven years, which will generate 6,400 new places. An equivalent number of places will also be established through the construction of new blocks on existing prison locations. Furthermore, 1,000 temporary cells designed for a 15-year lifespan are slated for construction, alongside the refurbishment of another 1,000 cells. “The current state is appalling,” Mahmood stated during an interview with BBC Radio 4’s Today programme, scheduled for broadcast on Wednesday. She described the prison system as “under huge stress,” observing that prisoners were “coming out better criminals than they were before they went in.” Mahmood emphasized, “We’ve got to turn that around,” adding, “I think that the first step in turning things around is dealing with our capacity problems.” However, Mahmood acknowledged the potential for a continued overcrowding crisis even with the additional places, and that constructing more jails alone would not be a complete solution. “We will run out,” she declared, noting, “Demand is still rising faster than any supply could possibly catch up with.” She further elaborated, “We’re very honest and transparent in the strategy itself that building alone is not enough because the demand is rising more quickly.” Jenrick conveyed to the Today programme that “dangerous people” ought not to be granted early release. He further asserted that the government should be “straining every sinew to get foreign offenders out of our country.” He also indicated his support for “any measure that enables us to build prisons faster,” even if it involved disregarding objections from local MPs. Mahmood informed the BBC that, due to the legacy from the previous Conservative government, the prison system was “only ever one bad day away from total disaster” without the option of early release. The prison population has significantly expanded in recent decades, attributed to stricter sentencing and accumulated court cases. Moreover, the inmate count has been increasing by approximately 4,500 annually, a rate exceeding the pace at which prior governments constructed new cells. However, Carl Davies of the Prison Governors’ Association, which represents managers within the prison service in England and Wales, expressed skepticism regarding these plans. “We’ve heard this time and time again: ‘We’re going to build more prisons’,” he commented. “Announcements and strategies are great but until we have some certainty, until we see this happen, it’s hard to believe the words.” Campbell Robb, representing the social justice charity Nacro, suggested that the government’s strategy should aim to decrease the prison population to a more manageable size. “Any focus on capacity must also include the capacity to deliver effective rehabilitative support, including education and training in prisons,” he stated. “Currently too many people in prison miss out on critical support which could help reduce their risk of reoffending.” As an element of the government’s strategy, planning regulations concerning prison construction are also being amended. The government declared that prisons would be designated as sites of “national importance,” thereby granting ministers sole authority to approve planning applications, with decisions to be made within 16 weeks. The government reported that £2.3 billion has already been allocated via the Budget to fund the construction of the four new prisons, with funding secured until 2026. An additional £500 million is earmarked for prison maintenance and the probation service over the subsequent two years. However, His Majesty’s Prison and Probation Service estimates that restoring the entire estate to a fair condition would require £2.8 billion over the next five years, which is more than double its current spending on maintenance. Furthermore, the National Audit Office issued a warning last week that the expenses for prison expansion are projected to exceed original 2021 estimates by at least £4.2 billion. In addition to this prison strategy, the government anticipates that a distinct review into sentencing could offer a long-term approach to alleviate pressure on prisons. The examination of prison sentences is being conducted under the leadership of David Gauke, who previously served as a Conservative justice secretary. This review is anticipated to explore the elimination of short sentences and the strengthening of community orders as alternatives to incarceration. Its findings are expected next spring. When questioned by the Today programme about the possibility of some current inmates not being imprisoned in the future, Mahmood confirmed it as a potential outcome. “Yes… We will have to expand the range of punishment available outside of prison, that does mean that we will have more offenders monitored outside,” she stated. “But I want to make sure that when we are not putting someone in prison but they’re being punished outside, that that is still a punishment they can have confidence in.” The previous Conservative government had committed to establishing 20,000 new prison places by 2026. As of September, His Majesty’s Prison and Probation Service had generated over 6,518 of these. The current Labour government has pledged to create the remaining approximately 14,000 places by 2031, a commitment made previously during its election campaign. Last week, a critical report from the National Audit Office indicated that the Boris Johnson government’s commitment to create an additional 20,000 cell spaces is now not anticipated to be fulfilled until 2031, approximately five years beyond the original promise. The report also noted that the initiative was exceeding its budget by £4.2 billion.