Government faces challenges in addressing prison overcrowding amidst plans for expansion

Justice Secretary Shabana Mahmood has acknowledged that even with the government’s plans to create 14,000 additional prison places by 2031, the UK prison system could still face a capacity crisis in the coming years.

She warned that “building alone is not enough” to resolve overcrowding. The government has unveiled a 10-year strategy, titled the Plan for Change, aimed at addressing the critical shortage of space in prisons across England and Wales. The plan includes the construction of four new prisons, expected to add 6,400 spaces, and additional blocks on existing sites to create the same number of places. The strategy also involves building 1,000 temporary cells with a 15-year lifespan and refurbishing another 1,000 cells.

The urgency of the situation was highlighted when prisons were just 100 spaces away from full capacity last summer. To alleviate the strain, over 2,900 inmates were released early across September and October.

Mahmood, speaking to BBC Radio 4’s Today programme, described the current state of the prison system as “appalling” and said it was under immense stress. She also stated the need for reform.

While the strategy aims to address capacity issues, Mahmood admitted that demand is growing faster than new facilities can be built. Law Society of England and Wales president, Richard Atkinson, said:

“The Lord Chancellor’s investment in the criminal justice system is welcome. However, as an essential service protecting the public, the criminal justice system can only be dealt with holistically, so it will be essential that building more prisons is matched by investment in legal aid, the Crown Prosecution Service and courts. It is vital that the government also invests in rehabilitation for prisoners to reduce reoffending rates and tackle the courts backlogs to help bring down the remand population.

After decades of neglect of our criminal justice system, sustained investment and long-term measures which take all parts of the system into account, such as legal aid, police, prosecution, courts, prisons and probation, is the only long-term solution.”

What’s more, Justice Secretary Robert Jenrick criticised the reliance on early release, urging alternative measures such as extending court sitting hours and expediting the deportation of foreign offenders. He expressed support for faster prison construction, even if it meant overriding local objections.

The government’s strategy includes changes to planning rules, designating prisons as sites of “national importance” to streamline approvals, with decisions expected within 16 weeks. £2.3 billion has been allocated through the Budget for the new prisons, and an additional £500 million will go toward maintenance and probation services over the next two years.

His Majesty’s Prison and Probation Service estimates it would take £2.8 billion over the next five years to bring facilities up to a fair standard, more than double current maintenance spending.

Labour has pledged to fulfil the promise of creating 14,000 new prison spaces by 2031, as part of a broader strategy to address overcrowding. The review, led by former Justice Secretary David Gauke, is also examining sentencing reforms, including potentially scrapping short sentences and strengthening community orders as alternatives to imprisonment. The review is expected to report its findings next spring.

Mahmood indicated that the future of sentencing might involve more offenders being monitored outside of prison. The National Audit Office’s recent report criticised delays and cost overruns in the government’s previous pledge to create 20,000 additional spaces by 2026, now unlikely to be met until 2031.

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