THE male prison estate in England and Wales is facing an unprecedented capacity crisis, with fewer than 100 available spaces remaining, the it has been confirmed.
Sources within the penal system have revealed that the recent bank holiday weekend exacerbated the situation, as a spike in arrests linked to various festivals coincided with a delay in the usual Monday release of inmates.
Despite the current strain, these sources indicated that the release of more prisoners in the coming days should alleviate some of the pressure.
In a speech delivered on Tuesday (Aug 27), Labour leader Sir Keir Starmer highlighted the government’s need to “check the precise number of prison places” daily during the recent unrest in parts of the UK, attributing the violence to criminals who “exploited” the capacity crisis.
The latest figures from the Ministry of Justice (MoJ), published on 23 August, show that the male prison population has reached 84,596, with the female population at 3,638. This marks the highest total end-of-week number since the MoJ began publishing weekly data in 2011.
The overall operational capacity of the prison system, including both male and female estates, currently stands at 89,383.
In response to the overcrowding, the government plans to begin early releases from 10 September as part of an effort to manage the crisis.
In July, the Labour Party proposed legislation to reduce the amount of time inmates must serve before being automatically released, from 50% of their sentence to 40%. The legislation, which excludes those convicted of sex offences, terrorism, domestic abuse, and certain violent crimes, is expected to result in the release of 5,500 offenders during September and October.
An MoJ spokesperson commented on the situation, stating that the government had “inherited a justice system in crisis” and had been compelled to take “difficult but necessary action.”
The spokesperson added, “Staff across the whole criminal justice system are working incredibly hard, and the government will continue to support them before the changes come into effect on 10 September.”
In addition to the prison overcrowding, criminal courts are grappling with a backlog of tens of thousands of cases, leading to delayed trials and extended periods of remand.
Sources within the prison estate noted that the recent riots have further strained the system, with over 400 individuals being imprisoned in recent weeks, including those on remand. One prison officer remarked, “It’s made a messy situation even messier.”
Prime Minister Sir Keir Starmer, speaking from Downing Street’s rose garden, defended the early release scheme as a crucial part of the government’s strategy to manage the aftermath of the summer riots and to ensure the prosecution of those responsible for the violence.
Sir Keir acknowledged the difficulty of the decision, stating that it “goes against the grain of everything I’ve ever done,” referencing his previous role as chief prosecutor.
He added, “Every day of that disorder, literally every day, we had to check the precise number of prison places and where those places were to make sure we could arrest, charge, and prosecute people quickly.
“Not having enough prison places is about as fundamental a failure as you can get, and those people throwing rocks, torching cars, making threats—they didn’t just know the system was broken; they were betting on it, gaming it.
“They thought: ‘Ah, they’ll never arrest me, and if they do, I won’t be prosecuted, and if I am, I won’t get much of a sentence.'”
Last week, the government activated “Operation Early Dawn” to address the overcrowding issue. Under this plan, defendants awaiting court appearances in the north of England and parts of the Midlands will be held in police cells until prison space becomes available. This system was previously implemented by the Conservative government.
Additionally, on Friday, magistrates were instructed to delay sentencing offenders likely to be jailed but currently out on bail, as the prison population hit a new weekly high.
In his speech, Sir Keir criticised the previous government for failing to build sufficient prison capacity, stating, “They’ve pretended you can have longer and longer sentences, send more people to prison, and at the same time you could veto or choose not to have a prison built near you.
“They were false choices, and here we are without the prison places that we need.”
