My Lords, with the leave of the House, I will repeat a Statement made in the House of Commons by the Lord Chancellor yesterday. The Statement is as follows:
“With permission, Madam Deputy Speaker, I would like to make a Statement on how the Government will address the crisis in our prisons, not just today but for years to come.
The House has heard me recount my inheritance as Lord Chancellor before. The crisis in our prisons was, I believe, the greatest disgrace of the last Conservative Government. They left our prisons on the point of collapse—a situation that would have forced us to close the prison doors, cancel all trials and force the police to halt arrests. Crime would have gone unpunished, victims would never have seen justice done and we would have witnessed the total breakdown of law and order. The previous Prime Minister knew he had to act. His Lord Chancellor begged him to do so, but instead he called an election.
As I announced to the House on 18 July, we had no choice but to bring forward the release point for some prisoners. Some of those serving standard determinate sentences have seen the custodial element reduced from 50% to 40%, spending the rest of their sentence on licence. They can be recalled to prison should probation staff judge that necessary to protect the public. As we saw over the summer of disorder, these releases could not come soon enough. After the August bank holiday, we were left with fewer than 100 spaces in our men’s prisons. The system was held together only by the heroic work and considerable good will of our prison and probation staff. We were, on many occasions, just one bad day from disaster.
Today, the second tranche of emergency releases takes place, creating desperately needed space in our prisons, but that is not the long-term solution. I will now set out the long-term plan for our prisons, which will ensure that never again is a Lord Chancellor placed in the invidious position that I was on taking office.
This must begin by building more prisons. For all their rhetoric, the last Conservative Government’s record on prison building was abject. They like to mention that, between 2010 and 2024, they built 13,000 places. What they are less keen to admit is that, in the same time, they closed 12,500. In 14 years, they added just 500 places to our prison capacity. In our first 100 days, this Government are already close to matching that. The previous Government promised to build 20,000 new places by the mid-2020s, but by the time they left office they had built only 6,000. They were simply too terrified of their own Back-Benchers, who supported prison building vociferously, as long as those prisons were not built anywhere near them.
This Government will build the prisons that the last Conservative Government promised but failed to deliver. In seeking a lasting solution to our prisons crisis, we must be honest in a way that my predecessors were not. We cannot build our way out of this problem. Every year, our prison population grows by around 4,500 prisoners. This is a question of simple mathematics. To build enough prisons to meet that demand we would have to build the equivalent of HMP Birmingham—which is in my constituency of Birmingham Ladywood—four and a half times over, every single year. To put that in context, in the past 10 years, the last Conservative Government built just three prisons. While we will speed up prison building and build as fast as we can, that pace is simply impossible. For that reason, if we are to address our prisons crisis, we must be smarter about who receives a prison sentence.
Let me be clear: there will always be a place for prison, and there will always be offenders who must be locked up, but we must expand the range of punishments we use outside prison and consider how we punish those offenders who have broken our rules but are not a danger to society. For that reason, today I am launching a review of sentencing. It will have one clear goal: to ensure that we are never again in a position where we have more prisoners than we have space in our prisons.
The review will follow three principles. First, sentences must punish offenders and protect the public. For dangerous offenders, prison will always remain the answer. Punishment and public protection will be the Government’s first priority. There are some offenders whom I will task the review with considering, such as prolific offenders, who account for just one in every 10 individuals, but nearly half of all sentences. Some of them are hyper-prolific offenders, committing hundreds of crimes. I will ask the reviewers to consider whether a longer sentence might punish them better and force them to engage with rehabilitation on the inside.
The second, related, principle of the review is that sentences must encourage offenders to turn their backs on crime—we need both sticks and carrots. I will be encouraging the reviewers to learn from others who have succeeded. In Texas, for instance, Republican legislators faced a problem similar to ours: a soaring prison population; sky-high reoffending rates; and prisons that had run out of space. Working across political divides, the Texans introduced a system of good behaviour credits, where well-behaved prisoners could earn time off their sentence by engaging in rehabilitation programmes. The results were remarkable. Crime fell by nearly a third, reaching the lowest levels in half a century. The prison population fell by over 20,000, and after two decades, the Texans had closed 16 prisons rather than building new ones.
The third principle of the review is that it must expand the punishment that offenders receive outside prison. There are already ways that we severely constrain offenders, limiting their freedom outside prison. Those under home detention curfews are, in practice, under a form of house arrest. With a tag on their ankle and a sensor in their home, they are placed under curfew, generally for 12 hours each day. Should they break that curfew, they can be picked up and, if needs be, locked up.
In some ways, punishment outside prison can be even more restrictive than prison. It is a sad fact that in many of our prisons today, a drinker can all too easily procure a drink. On a sobriety tag, however, with their sweat measured every 30 minutes and a 97% compliance rate, their teetotalism is almost as strict as mine. All of that is just using the technology that is immediately available to us, and used already in this country. I will be inviting the reviewers to consider the technology they have available to them now, and the next frontier of technology, used in other countries but not yet in ours. I believe that the modern world presents us with the opportunity to build a prison outside prison, where the eyes of the state follow a prisoner more closely than any prison officer can.
Moving punishment out of prison for those who can be safely managed there has huge benefits. Outside prison, offenders can engage in work that pays back the communities and individuals they have harmed. The evidence is abundantly clear that those who serve their sentences outside prison are far less likely to reoffend. That cuts crime, with fewer victims and safer streets, and reduces the huge cost to society of reoffending, most recently valued at over £22 billion a year.
This Government believe that crime must have consequences and criminals must be punished. We also believe in rehabilitation—that those who earn the right must be encouraged to turn their backs on crime. This Government believe in prison, but we must increase the use of punishment outside prison too. The sentencing review will be tasked with pursuing those goals.
I am pleased to say that the review will be led by a former Lord Chancellor, David Gauke, a highly regarded Minister who served in multiple roles across government. He has rightly gained the respect of both the judiciary and the legal sector, as well as many within this House. I will work with him to assemble a panel of reviewers who will draw together deep expertise and experience in the criminal justice system. The review will take a bipartisan and evidence-based look at an issue that has for far too long been a political football, booted around by both sides. David Gauke will report back with his recommendations in the spring, and I have placed a copy of the complete terms of reference of the review in the Library of the House.
It is right that the review is given time to do its work. As I have noted already, however, the capacity crisis in our prisons has not gone away. When we introduced emergency measures, we believed that they had bought us about a year. But, after the summer of disorder, the next crisis could be just nine months away. For that reason, I announced last week an extension of the sentencing powers of magistrates’ courts, which allows us to bear down on the remand population in our prisons. But we must go further.
While I will not countenance any further emergency releases of prisoners, there are operational measures that I will lay before the House in the months ahead. The first, which I have already referenced, is home detention curfew. This modern form of house arrest curtails freedom and helps offenders turn their lives around. Offenders are subject to electronically monitored curfews, which must be imposed for nine hours a day, are generally 12 hours long and can extend to 16 hours.
As the shadow Lord Chancellor noted in the House in February, the reoffending rate for the average prisoner, which was measured a few years ago, is close to 50%, but for offenders released on a home detention curfew it is 23%. This Government will soon extend the use of that measure, following in the footsteps of the previous Administration, who rightly expanded its use on a number of occasions. We will increase the maximum period that eligible offenders can spend under house arrest from six months to 12 months.
The second measure that we will introduce will address the soaring recall population, which has doubled from 6,000 to 12,000 in just six years. Risk-assessed recall review is a power of the Secretary of State to re-release, on licence, those who pose a low risk to the public, avoiding the long waits they often face for a Parole Board hearing. In the past, the measure was used often: it was used between 1,000 and 1,500 times each year between 2017 and 2019, but its use has fallen in recent years, reaching as low as 92 times in 2022.
Later this month, I intend to review the risk-assessed recall review process, so that lower-risk cases can be considered for re-release after they have been recalled to prison for two to three months, and where their further detention is no longer necessary to protect the public. I should note that this will change only the cases that can be considered for release, with the final decision still in the hands of experienced probation officers and managers.
The final area where I intend to make progress is in the case of foreign national offenders. I share the public’s view that, with 10,000 in our prisons, there are far too many foreign offenders in this country, costing £50,000 each a year to house at His Majesty’s pleasure. It happens to be my personal view that deportation is as good a punishment as imprisonment, if not better. We are currently on track to remove more foreign national offenders this year than at any time in recent years. But I will now be working with my colleagues across government to explore the ways that we can accelerate that further, including working with the Home Office to make the early removal scheme for foreign offenders more effective.
When I walked into the Ministry of Justice for the first time as Lord Chancellor just over three months ago, I encountered a prison system on the brink of collapse. It was the result of the inaction of the last Government, who thought they could dither and delay, and led us to the precipice of disaster. But their failure was longer in the making: they failed to build the prison places this country needs and they failed to address the challenge of an ever-rising prison population.
In July, this Government took action to avert immediate disaster, but the plan that I have set out today does more than that. It will ensure that this Government and our successors are never forced to rely on the emergency release of prisoners again—a measure over which I had no choice, one that I took despite my personal beliefs and one that must never happen again. I commend this Statement to the House”.