Commons Sense

House of Commons · Ministerial Statement

Criminal Justice System: Capacity

17 October 2024 · 19 other contributors

Opened by Shabana Mahmood Lab Birmingham Ladywood

Justice & Courts

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Shabana Mahmood raised concerns about criminal justice system: capacity in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Government inherited a prison system on the brink of collapse
  • Previous government failed to address historical backlog in Crown courts
  • Minister announced earlier release for prisoners serving standard determinate sentences from 50% to 40% of their time served

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Shabana Mahmood

When the current Government took power, they inherited a prison system on the brink of collapse. This situation was exacerbated by a lack of action from the previous government regarding the historical backlog in Crown courts and rising remand populations. In response, the Minister announced that prisoners serving standard determinate sentences would be released earlier from 50% to 40% of their time served, preventing an immediate breakdown of law and order. However, with prison populations still increasing rapidly, further action was necessary. The Minister highlighted a record-high remand population of 17,000 prisoners, constituting nearly one-fifth of the total prison population. These prisoners are housed in reception or category B prisons and cannot be relocated elsewhere, leading to acute capacity issues. To address this issue, the Government plans to extend magistrates' sentencing powers from six months back to 12 months for single triable either-way offences, enabling more cases to be heard by magistrates courts instead of Crown courts. This change aims to alleviate pressure on remand prisoners in reception prisons and free up capacity within the Crown court system to focus on complex cases. The statutory instrument will be laid on October 28th, coming into effect on November 18th. By doing so, approximately 2,000 sitting days of capacity will be added annually to the Crown courts, in addition to the additional 500 sitting days funded by this Government upon taking office. While acknowledging a slight increase in overall prison population, the measure aims to manage prisons more efficiently and tackle both remand pressures and the Crown court backlog. The Minister emphasised that her government is committed to addressing long-term issues within the justice system, with further plans to be outlined in subsequent statements.

Other contributors (19)
  • Edward Argar Con Melton and Syston

    Question

    The Shadow Secretary questioned the reduction of 2,700 sitting days compared with last year’s increase from 85,000 to 107,700. He requested clarity on this decision.

    Minister reply

    The Minister responded by emphasising the Government's commitment to addressing capacity pressures within the justice system but did not provide specific details regarding the reduction of sitting days.

  • Edward Argar Con Melton and Syston

    Question

    He inquired about the Lord Chancellor’s complete impact assessment for extending magistrates’ sentencing powers and requested to see all modelling prior to the statutory instrument being laid.

    Minister reply

    The Minister did not provide an immediate commitment but stated that she would consider publishing the assessments.

  • Edward Argar Con Melton and Syston

    Question

    He questioned whether any of the 37 prisoners released in error last month are still roaming free.

    Minister reply

    The Minister responded by confirming that all prisoners released in error have been safely returned to prisons.

  • Edward Argar Con Melton and Syston

    Question

    The MP questioned the reduction in Crown court sitting days, the lack of consultation with criminal justice stakeholders before changes were made, and asked for an impact assessment prior to statutory instrument laying. He also requested details on remand prisoners, prison place pressure due to early release schemes, and re-arrest status of 37 prisoners released in error last month.

    Minister reply

    The Lord Chancellor clarified that the Government did not cut sitting days but increased them by 500 compared to the previous agreement. She explained issues with over-listing leading to delisting fewer cases than reported, approximately 1,600 sitting days. The concordat process will be improved in future negotiations. An impact assessment and modelling would be published prior to statutory instrument laying. Regarding remand prisoners and prison places, she stated that the exact numbers are hard to model due to judicial independence but expects progress on reducing remand population. All 37 incorrectly sentenced prisoners have been returned to custody.

  • Andrew Slaughter Lab Hammersmith and Chiswick

    Question

    The MP expressed sympathy for the new Lord Chancellor amid inherited chaos and questioned the robustness of data on Crown court backlog and sentencing effects. He asked if the Government would use their review opportunity to get policies and figures lined up properly.

    Minister reply

    The Minister acknowledged issues with Crown court data accuracy discovered prior to her term. She ordered further investigation and examination, aiming for publication once errors are resolved. Discussions are underway for a full external audit of Crown court data with the Lady Chief Justice to restore confidence in reporting processes.

  • Josh Babarinde Lib Dem Eastbourne

    Question

    Expresses concern about prison capacity issues, the effectiveness of rehabilitation programmes, pressure on magistrates courts due to closures, and risks of similar policies failing as in 2022.

    Minister reply

    Acknowledges the number of places available in prisons and mentions measures taken for SDS40. Emphasises balancing act between remand population reduction and Crown court backlog management. Stresses importance of rehabilitation alongside punishment to reduce reoffending rates.

  • Stella Creasy Lab Co-op Walthamstow

    Question

    Concerns about the trial delay for a constituent who was victim of aggravated burglary, requesting expedited process.

    Minister reply

    Apologises for delays and highlights measures to ease court backlog. Announces additional funding beyond concordat agreement to address Crown court backlog.

  • Julian Lewis Con New Forest East

    Question

    Welcomes the Justice Secretary's remarks on punishment and rehabilitation, requesting a meeting with his constituent for a new community detention concept.

    Minister reply

    Acknowledges request and agrees to arrange a meeting to discuss the innovative approach.

  • Shaun Davies Lab Telford

    Question

    Highlights issues in Shropshire's justice system, including remand court closure and trial delays, suggests empowering district judges and using technology.

    Minister reply

    Agrees on the need for changes and considers efficiency measures. Promises to update on Government’s approach regarding data transparency and accuracy.

  • Jim Shannon DUP Strangford

    Question

    Asks about weight given to victim impact statements in law.

    Minister reply

    Reassures that victims' experiences are important, victim impact statements play a role, and Government will strengthen support for victims.

  • Oliver Ryan Ind Burnley

    Question

    Thanked the Lord Chancellor for her work in tackling the backlog, questioned who was responsible for cutting Crown court sitting days despite agreed funding allocations, and asked about further use of AI in small judgments to speed up backlogs.

    Minister reply

    Emphasised that it is not helpful to speculate on responsibility but acknowledged issues with the concordat process. Highlighted the importance of sticking to agreements made and mentioned ongoing discussions regarding AI implementation for efficiency.

  • Melanie Onn Lab Great Grimsby and Cleethorpes

    Question

    Expressed concern over missed publication of Crown court backlog data, questioning how they can drive down the backlog without knowing its size.

    Minister reply

    Stressed the importance of comprehensive data to establish the true scale of the backlog for accountability purposes. Acknowledged that the backlog is likely to remain at historic levels due to inherited issues.

  • Jim Dickson Lab Dartford

    Question

    Agreed with the Lord Chancellor's statement and questioned if they would maintain space in prisons for dangerous offenders while also considering community sentences.

    Minister reply

    Confirmed that public protection must be prioritised, noting that alternatives are necessary due to capacity crises inherited from previous governments. Emphasised the importance of both punishment and rehabilitation.

  • Adam Jogee Lab Newcastle-under-Lyme

    Question

    Asked about the need for a proper legal aid system in the long-term plan for the justice system.

    Minister reply

    Agreed that stabilising the situation with regard to legal aid is a key priority, acknowledging its importance as an underpinning of the justice and access to justice systems.

  • Lee Pitcher Lab Doncaster East and the Isle of Axholme

    Question

    Inquired about holding Serco accountable for their failures on tagging in his constituency.

    Minister reply

    Acknowledged unacceptable performance from Serco, confirmed daily meetings to ensure recovery. Mentioned imposition of financial penalties with readiness to trigger contractual ones if improvements are not seen.

  • Alex Barros-Curtis Lab Cardiff West

    Question

    Welcomed the Lord Chancellor's statement and enquired about independent legal advocates for rape victims.

    Minister reply

    Explained that independent legal advocates will ensure existing rights are enforced, boosting confidence of victims to continue their cases, aiming to rebalance justice scales and support victims' legal rights.

  • Ben Goldsborough Lab South Norfolk

    Question

    Highlighted the need for improved literacy and numeracy skills in prisons due to high reoffending rates.

    Minister reply

    Agreed on the importance of such improvements but noted that overcrowding limits rehabilitation efforts. Emphasised that addressing capacity issues will allow better performance and track record on rehabilitation.

  • Warinder Juss Lab Wolverhampton West

    Question

    Critiqued failures in addressing prisons' capacity crisis and growing Crown court backlog, specifically referencing rape cases.

    Minister reply

    Acknowledged the shocking and unacceptable state inherited from predecessors. Stressed stabilisation efforts since forming government to restore public confidence in criminal justice.

Shadow Comment

Edward Argar

The Shadow Secretary acknowledged the Lord Chancellor's courtesy but criticised the proposed changes as a 'knee-jerk reaction' without proper consultation. He highlighted that the previous government managed to reduce Crown court backlogs from 48,000 in 2010 to 40,000 by 2019, noting that current issues are primarily due to the pandemic and strikes within legal professions. Concerns were raised about a reduction of 2,700 sitting days compared to last year's increase from 85,000 to 107,700. The Shadow Secretary questioned whether this was intentional and requested clarity on this decision. He also inquired about the Lord Chancellor's complete impact assessment for the changes and the number of current remand prisoners. There were concerns that the measure could increase short-term pressure on prison places and queries about consultations with criminal bar associations before making decisions. The Shadow Secretary further questioned the impacts of early prisoner release schemes and asked whether all 37 prisoners released in error last month have been safely returned to prisons.

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