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Criminal Justice System: Capacity

17 October 2024

Lead MP

Shabana Mahmood

Debate Type

Ministerial Statement

Tags

Justice & Courts
Other Contributors: 19

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.

How the Debate Unfolded

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

Government Statement

Justice & Courts
Government Statement
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.

Shadow Comment

Edward Argar
Shadow Comment
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.
Assessment & feedback
Summary accuracy

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