Dr Neil Shastri-Hurst is the Conservative MP for Solihull West & Shirley. He is a member of the House of Commons Justice Select Committee.
When a judge sends an offender to prison, victims are entitled to believe that that sentence will be served in the way Parliament intended. Yet, we are now in a situation where thousands of prisoners are leaving custody early because the state has run out of prison places.
Although the decision to exempt those convicted of rape, child sexual abuse, and grooming offences from the early release scheme is the correct one, what is more concerning is that we have reached a point in Britain where emergency releases have become an accepted feature of justice policy.
It is no doubt that Labour inherited a difficult position after successive governments failed to plan properly for the prison places that tougher sentencing, population growth, and changing patterns of offending would inevitably require. This failure cannot be attributed to one government alone.
However, after more than two years in office, Labour cannot continue to govern as though it is merely dealing with inherited problems. The Government has yet to set out a long-term strategy capable of moving beyond the next capacity warning.
The challenge cannot be solved by looking at prisons alone. The criminal justice system works as a whole. Courts, prisons, probation, policing, and rehabilitation are connected. Pressure in one part of the system inevitably creates pressure elsewhere. Court delays increase demand on prisons. Overcrowding reduces opportunities for rehabilitation. Weak supervision increases the risk of offenders returning to custody.
This is also a question of priorities. The Ministry of Justice spends between £12 and £15 billion each year, less than ten per cent of the approximately £145 billion spent on welfare for working age adults and children, excluding pensions. A functioning justice system requires proper planning and investment.
Britain has also become too slow at building essential infrastructure. New prisons have been delayed by lengthy procurement processes, planning disputes, and a lack of political urgency.
Rehabilitation has not received the attention it deserves. If offenders leave prison only to return shortly afterwards, the system is simply managing failure at enormous cost. Every offender who finds work, addresses the causes of their offending, and does not return to a life of crime means fewer victims and less pressure on prisons.
The latest figures underline the scale of that challenge. More than 51,000 offenders were recalled to prison over the past year, the highest number on record. That cycle is simply unsustainable. It places further pressure on an already stretched prison estate and risks eroding public confidence in the ability of the system to rehabilitate and supervise those released into the community.
Many offenders are returning to custody for breaches of licence conditions rather than new offences. This reflects the immense pressure on probation services and shows that capacity problems cannot simply be transferred from prisons into the community. Investment in rehabilitation and effective probation is therefore not a soft alternative to punishment but an essential part of reducing reoffending.
Unfortunately, the criminal justice system rarely receives sustained attention until a crisis arrives – like what we have seen in regard to the potential early release of two of PC Andrew Harper’s killers.
The latest intervention from the country’s police leadership should therefore be taken seriously. Chief constables across England and Wales have warned that an approach which fails to sufficiently distinguish the gravest offences risks undermining public safety, victim confidence, and confidence in the wider criminal justice system. They have rightly argued that where an offender has caused a death, committed exceptionally serious violence, or continues to pose a risk, public protection and the impact on victims must be explicitly considered before release arrangements are changed.
The Prime Minister now says that he is “confident” that PC Harper’s killers will remain behind bars. Let us hope so.
This is shaping up to be one of Andy Burnham’s first major tests as Prime Minister. Pausing the scheme was a necessary response to legitimate public concern, but the bigger test is what replaces it. Simply moving from one emergency measure to another will not resolve the underlying crisis.
What is now clear is that the public have made their expectations known to MPs, and it is up to us to ensure we legislate for a criminal justice system that restores public confidence. The Conservatives have listened to that call.
Dr Neil Shastri-Hurst is the Conservative MP for Solihull West & Shirley. He is a member of the House of Commons Justice Select Committee.
When a judge sends an offender to prison, victims are entitled to believe that that sentence will be served in the way Parliament intended. Yet, we are now in a situation where thousands of prisoners are leaving custody early because the state has run out of prison places.
Although the decision to exempt those convicted of rape, child sexual abuse, and grooming offences from the early release scheme is the correct one, what is more concerning is that we have reached a point in Britain where emergency releases have become an accepted feature of justice policy.
It is no doubt that Labour inherited a difficult position after successive governments failed to plan properly for the prison places that tougher sentencing, population growth, and changing patterns of offending would inevitably require. This failure cannot be attributed to one government alone.
However, after more than two years in office, Labour cannot continue to govern as though it is merely dealing with inherited problems. The Government has yet to set out a long-term strategy capable of moving beyond the next capacity warning.
The challenge cannot be solved by looking at prisons alone. The criminal justice system works as a whole. Courts, prisons, probation, policing, and rehabilitation are connected. Pressure in one part of the system inevitably creates pressure elsewhere. Court delays increase demand on prisons. Overcrowding reduces opportunities for rehabilitation. Weak supervision increases the risk of offenders returning to custody.
This is also a question of priorities. The Ministry of Justice spends between £12 and £15 billion each year, less than ten per cent of the approximately £145 billion spent on welfare for working age adults and children, excluding pensions. A functioning justice system requires proper planning and investment.
Britain has also become too slow at building essential infrastructure. New prisons have been delayed by lengthy procurement processes, planning disputes, and a lack of political urgency.
Rehabilitation has not received the attention it deserves. If offenders leave prison only to return shortly afterwards, the system is simply managing failure at enormous cost. Every offender who finds work, addresses the causes of their offending, and does not return to a life of crime means fewer victims and less pressure on prisons.
The latest figures underline the scale of that challenge. More than 51,000 offenders were recalled to prison over the past year, the highest number on record. That cycle is simply unsustainable. It places further pressure on an already stretched prison estate and risks eroding public confidence in the ability of the system to rehabilitate and supervise those released into the community.
Many offenders are returning to custody for breaches of licence conditions rather than new offences. This reflects the immense pressure on probation services and shows that capacity problems cannot simply be transferred from prisons into the community. Investment in rehabilitation and effective probation is therefore not a soft alternative to punishment but an essential part of reducing reoffending.
Unfortunately, the criminal justice system rarely receives sustained attention until a crisis arrives – like what we have seen in regard to the potential early release of two of PC Andrew Harper’s killers.
The latest intervention from the country’s police leadership should therefore be taken seriously. Chief constables across England and Wales have warned that an approach which fails to sufficiently distinguish the gravest offences risks undermining public safety, victim confidence, and confidence in the wider criminal justice system. They have rightly argued that where an offender has caused a death, committed exceptionally serious violence, or continues to pose a risk, public protection and the impact on victims must be explicitly considered before release arrangements are changed.
The Prime Minister now says that he is “confident” that PC Harper’s killers will remain behind bars. Let us hope so.
This is shaping up to be one of Andy Burnham’s first major tests as Prime Minister. Pausing the scheme was a necessary response to legitimate public concern, but the bigger test is what replaces it. Simply moving from one emergency measure to another will not resolve the underlying crisis.
What is now clear is that the public have made their expectations known to MPs, and it is up to us to ensure we legislate for a criminal justice system that restores public confidence. The Conservatives have listened to that call.