By U.K. Parliament. House of Commons. Committee of Public Accounts

The Ministry of Justice’s (MoJ’s) and HM Prison and Probation Service’s (HMPPS’s) failure to increase prison capacity in line with demand has led to a prison estate in crisis. Their plans to deliver 20,000 additional prison places in England and Wales by the mid–2020s have been delayed by approximately five years until 2031, and will cost at least £4.2 billion more than planned. MoJ’s and HMPPS’s original plans were unrealistic and they did not work effectively with others in Government to address delivery risks. As at September 2024, HMPPS had delivered just 6,518 additional places, and its plans to deliver the remaining 14,000 are still subject to significant risk. The Lord Chancellor, in her December 2024 announcement of MoJ’s 10–year prison capacity strategy, emphasised the continued need for prison places, as it projected the prison population to increase by an average of 3,000 annually over the coming years. As a result of poor planning and delays, the adult male prison estate was operating at 98.0% to 99.7% occupancy between October 2022 and August 2024 and remains alarmingly full. Overcrowding is endemic, staff are overburdened, and access to services and purposeful activity is poor. The current prison system has had to focus on ensuring there are sufficient places to house prisoners. While the efforts of HMPPS staff to avert disaster are admirable, this state of crisis undermines their efforts to rehabilitate prisoners and reduce reoffending. It also represents poor value for money for the taxpayer, with MoJ and HMPPS unable to make sufficient progress on maintaining existing cells, and needing to rent police cells due to a lack of capacity. MoJ and HMPPS have relied on the early release of prisoners to prevent total gridlock in the criminal justice system. Despite releasing thousands of prisoners early, MoJ still forecasts it will run out of capacity by early 2026. It is relying on the ongoing independent Sentencing Review to prevent this. However, any decisions to divert more people from prison will likely increase pressures on other parts of the system, particularly the Probation Service, which already has issues with staff shortages and high caseloads. This Committee has recently reported on the Crown Court backlog, which is significantly delaying access to justice. Courts and prisons cannot be viewed in isolation: creating sufficient capacity in prisons is vital to enabling a reduction in the courts backlog, and in turn if the courts backlog is reduced this will decrease the number of people on remand. If prisons continue to operate at near–full capacity, this will exacerbate the backlog and stymie efforts to improve efficiency in the justice system.  

London: House of Commons, 2025. 27p.