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Written evidence submitted by Mr Rob Allen

Independent Researcher and Consultant at Independent

Prison Estate Capacity

Introduction

I am an independent researcher and consultant working in the prison field in the UK and internationally. From 2005 to 2010 I was Director of the International Centre for Prison Studies at King’s College London.  I welcome the Committee’s inquiry, particularly in the light of the inability of the Justice Committee in the last parliament to complete its inquiry on Future prison population and estate capacity. While there has been a great deal of recent public and parliamentary interest in questions relating to the demand for prison places- and the emergency measures taken to reduce it in recent months- the supply of places is an often neglected part of the equation.

The Need for New Prison Places

On current projections, there seems a clear need for the 14,000 new prison places which the government has committed to create. However the Justice Secretary has accepted that the government cannot build their way out of the capacity crisis and has instigated a review of sentencing to inform a more sustainable approach.

The Chair of the Justice Select Committee has questioned whether it is desirable in the long term to “take prison capacity to above 100,000”.  The prison population rate in England and Wales is already at 140 per 100,000 the highest of any jurisdiction in Western Europe apart from Scotland (150). It is well over twice the rate in Germany (68) and the Netherlands (64) and higher than several countries in Eastern Europe.

It would make sense to postpone decisions about the total number of new places needed until Spring 2025 when the sentencing review has been completed and consequent projections made.

Alternative Options

In addition to considering the need for prison places, there is a need to diversify the range of options that can be used as alternatives to prison. Some of these are institutional alternatives. Many people in prison should be in hospital but thresholds for transfer and waiting times are both very high.

In March 2024, the Justice Select Committee asked the then Prisons Minister  about the number of available secure hospital beds for prisoners but does not seem to have received a reply. The Public Accounts Committee could as part of its inquiry look at whether are enough. 

Other prisoners could potentially be transferred to residential treatment facilities which are being expanded as part of the 10 year Drug Strategy.   

Other options include hostels and other supervised accommodation. From 2019 to 2023 the Approved Premise Expansion Programme delivered 169 additional beds, including opening 4 new Independent Approved Premises (83 beds) and 51 additional beds in dedicated premises for women.  But there is a case for a much more ambitious increase in half way houses.

Back in 2001, the sentencing review carried out by senior Civil Servant John Halliday recommended “a review of the existing “intermediate estate” for accommodating and managing offenders in the community, with the aim of developing a strategic plan for its future use, staffing, management and development. The review should embrace all types of accommodation, whether owned by the prison or probation services, or the independent and voluntary sectors, and whether used for prisoners on temporary release; prisoners on conditional release; offenders serving community sentences; or ex-offenders receiving support voluntarily”.

I am not sure such a review was ever done but there is a strong case for one now, either as part of the Sentencing Review or in addition to it.

Electronic Monitoring

Three years after Halliday’s review, then Home Secretary David Blunkett announced that “satellite tracking technology could provide the basis for a 'prison without bars', potentially cutting prison overcrowding, and expensive accommodation”.  

Progress with electronic monitoring has been chequered during the intervening years as the PAC knows from various inquiries.

There is an urgent need to look at whether the role that Electronic Tagging is currently playing is optimal or whether it can serve to manage security risks for people placed in non-secure accommodation- what Halliday called “containment in the community”.

Improving the Current Estate

Recent inspection and monitoring reports have identified the parlous state of much of the existing prison estate. HMI Prisons have questioned whether cells are safe for human habitation at HMP Winchester with the Prison Governors Association making it clear that this is  just one example of “truly shocking conditions where prisoners are expected to live, and our colleagues work.”

The Prison Service has recently conducted a survey of conditions in each of the public sector prisons and a sample of the private ones. Earlier this year, the then Prisons Minister told the Justice Committee that the report on the State of the Estate would be completed by the end of March .  It has not however been made public.

Following a FOI request I made, the MoJ argued that disclosing the survey report would prejudice their commercial interests and impinge on the process of formulating policy. Both seem largely spurious objections which could be met, if necessary, through redaction. But the MoJ have decided the public interest favours withholding the information at this time.  

The PAC could request the report in order to inform its deliberations about the extent to which available funds should be used to repair and maintain the existing estate rather than expand it; and whether some at least of the worst existing prisons should be closed.

Expanding the Estate

Half the 14,000 proposed new prison places will involve expanding capacity at existing sites rather than building new prisons. It is crucial that such expansion adds not just cells but essential services too.

A recent report by the Independent Monitoring Board at HMP Wymott found that the kitchen continued to struggle to cater for nearly 1200 prisoners. “The unit was originally designed for 800 prisoners and there has been no increase in its size since then. A Local Authority Environmental Health Officer conducted an inspection in April; they identified major problems with infrastructure and equipment but stopped short of issuing an improvement notice”.

There are many examples where the number of education, work and activity places do not match the needs of an increased population.

HMPPS need to give assurances that the current estate expansion programme, whatever its scale provides the full range of services required alongside increased residential capacity.  
 

November 2024