Lord Chancellor sets out immediate action to defuse UK prison crisis

The Lord Chancellor Shabana Mahmood has set out how the government will stop the impending collapse of the criminal justice system by releasing thousands of prisoners.

“Our prisons are on the point of collapse”, new Lord Chancellor Shabana Mahmood said today (Friday 12 July) as she set out how the government will stop the impending collapse of the criminal justice system.

The Lord Chancellor warned that if prisons became overcrowded, courts might have to postpone sending offenders to jail, and police could struggle to apprehend dangerous criminals. This crisis would endanger public safety due to unchecked criminal activity. During her initial visits as Lord Chancellor, she met dedicated frontline probation staff, toured HMP Bedford and HMP Five Wells, and delivered a speech emphasizing the dire condition of prisons.

In a speech at HMP Five Wells in Northamptonshire, Lord Chancellor Shabana Mahmood said:

When prisons are full, violence rises – putting prison officers on the front line at risk. When no cells are available, suspects cannot be held in custody. This means vanloads of dangerous people circling the country, with nowhere to go. 

The police would have to use their cells as a prison overflow, keeping officers off the streets. Soon, the courts would grind to a halt, unable to hold trials.

With officers unable to act, criminals could do whatever they want, without consequence. We could see looters running amok, smashing in windows, robbing shops and setting neighbourhoods alight. 

In short, if we fail to act now, we face the collapse of the criminal justice system. And a total breakdown of law and order.

National Police Chiefs’ Council Chair Chief Constable Gavin Stephens, said:

It is pleasing to see the new government has taken action on this pressing issue so quickly.

We are supporting the Ministry of Justice and other partners in the criminal justice system to manage the impact of these changes, particularly around supporting victims, families and others who will be affected.

Britain’s adult male prisons are grappling with a severe overcrowding crisis. Available space has dwindled to just a few hundred spots, and facilities have consistently operated at over 99% capacity since early 2023. The situation is so dire that cell space is expected to run out within weeks. The government is urgently addressing this issue by considering measures such as reducing the time before some prisoners are automatically released.

Ending the Unsustainable Early Release Scheme

As a first step, the government is announcing the termination of the End of Custody Supervised Licence (ECSL) scheme. Launched in October 2023 to alleviate prison overcrowding, this program initially granted early release of 18 days. However, due to escalating capacity issues, the scheme’s scope was repeatedly expanded over the past six months, resulting in the release of over 10,000 offenders. The ECSL program is deemed unsustainable and will be discontinued.

Alternative Measures: Reducing Sentence Lengths with Safeguards

In place of the ECSL scheme, the government will implement a temporary measure to decrease the portion of specific custodial sentences served in prison. Sentences will be reduced from 50% to 40% served in prison, with crucial safeguards and exemptions in place to prioritize public safety. These safeguards include:

• Exclusion for Serious Offenses: Sentences for violent crimes exceeding four years and sex offenses will be automatically excluded from this early release program.
• Domestic Abuse Offenses Not Included: Unlike the ECSL scheme, early release will not apply to individuals incarcerated for domestic abuse-related crimes.
• Clear Release Plans: To ensure community safety, the government will develop clear release plans for all offenders benefiting from this sentence reduction. These plans will support proper management and reintegration into society.

Acknowledging these challenges, the Lord Chancellor has also set out plans to recruit over 1,000 additional trainee probation officers by March 2025, allowing for greater oversight and management of offenders once they leave prisons.