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Prisons: Overcrowding

Question for Ministry of Justice

UIN HL1543, tabled on 11 January 2024

To ask His Majesty's Government what plans they have to reduce overcrowding in adult male prisons (1) by extending the use of non-custodial sentences, (2) by reducing the remand and recall prison populations, and (3) by improving public understanding surrounding current (a) levels of crime, and (b) sentence lengths.

Answered on

24 January 2024

In certain circumstances, there is persuasive evidence that community orders and suspended sentence orders are more effective than sentences of immediate custody in reducing reoffending. In the Sentencing Bill, currently before Parliament, the Government is introducing a presumption to suspend short custodial sentences. The offender would then serve their sentence in the community.

In terms of the remand and recall populations, we are working with our partners across the criminal justice system to safely manage the system and protect the public. This includes raising awareness of, and removing barriers to, the use of bail where appropriate as an alternative to remanding defendants in custody, including on 2 August 2023 publishing a new EM Court Bail Protocol. For recall, we have issued guidance to probation staff to ensure all safe alternatives to recall are considered before a decision is taken, and we have re-invigorated the Secretary of States power, under Section 255(B) of the Criminal Justice Act 2003, to release recalled offenders following a risk assessed recall review without reference to the Parole Board.

Upholding public confidence in the criminal justice system is a core priority and we continue to work to deliver this. Whilst improving public understanding is a valuable and important goal, it does not, by itself, affect the prison population.