Contribution
My Lords, this Government inherited a prison system on the brink of collapse. The previous Government added just 500 net spaces to our prison estate, while at the same time sentence lengths rose. As a result, the prison population is now rising by 3,000 each year and outstripping supply.
When we took office, we were left no option but to introduce a temporary change to the law that allows prisoners serving an eligible standard determinate sentence to be released on licence after serving 40%, rather than 50%, of their sentence in custody. This enabled the end of the dysfunctional and unmanageable end of custody supervised licence scheme. But we knew this was a first step.
Since taking office, this Government have delivered almost 2,500 prison places. In the most recent spending review, we committed a further £4.7 billion to open 14,000 more by 2031. This is the largest prison expansion since the Victorian era. That longer-term investment is necessary, but not sufficient in itself, to avoid the capacity issues that we have faced in the criminal justice system for many months. In May, the Lord Chancellor announced that the adult male custodial estate across England and Wales was forecast to run out of places by November this year. Alongside the Government’s long-term building strategy and sentencing reform, this grave projection requires immediate action, particularly in respect of the current use of recall.
Last October, we commissioned the independent sentencing review, led by the former Lord Chancellor David Gauke, to find sustainable policy solutions and ensure that no future Government are ever again in a position where we have more prisoners than prison places, and are forced to rely on emergency release. This review suggests that recall should be rare and a last resort, replacing standard and short-term recalls for those on standard determinate sentences with a 56-day fixed-term recall. The Government have in principle accepted this recommendation, which requires primary legislation to implement.
A Bill will soon be introduced to implement many of the review’s recommendations. However, it will take time to take effect. The impact of sentencing reforms will not be felt before spring next year. We therefore remain in a critical position until then. Our custodial estate stands as a reservoir filled to the brim. Any further influx risks overflow, with serious consequences for the system and society alike. That is why we are taking targeted action on recall, which remains a significant driver of prison demand.
The recall population has more than doubled since 2018, from 6,000 to 13,600 prisoners in March this year, without a corresponding growth in offending rates. With more people in prison and under community supervision serving longer sentences, recall rates have naturally increased. When recalled, offenders serving standard determinate sentences can currently receive either a standard or a fixed-term recall. The length of a fixed-term recall is set out in primary legislation. It is set at 28 days if the sentence is 12 months or more, or 14 days if the sentence is under 12 months. During this time, the Probation Service will put in place robust risk management plans and stringent licence conditions for their release. After this period, they are automatically re-released. Those not suitable for a fixed-term recall may currently receive a standard recall, under which they remain in custody until the end of their sentence, unless re-released earlier by the Secretary of State or the Parole Board. Our latest data shows that at least 48% of all recalls are fixed term rather than standard.
This order provides for the mandatory use of fixed-term recall in specified circumstances. We estimate that this will be able to create an additional 1,400 prison places. It shall apply to adult offenders serving standard determinate sentences of fewer than 48 months, except where they are under the age of 18 at the point of recall, are convicted of terrorist or national security offences or pose a terrorist risk, are managed at MAPPA levels 2 or 3—which includes certain violent and sexual offenders—or are recalled in connection with being charged with an offence. These offenders can continue to receive a standard-term recall, with release subject to Parole Board or Secretary of State decision. In all other applicable cases, a fixed-term recall must now be imposed.
It remains the case that the Probation Service will undertake an individualised risk assessment before any offender is released under this measure, regardless of the offence they commit, including the risk of physical, emotional, psychological or sexual harm, to inform their risk management plan and licence conditions. Offenders face re-recall to prison if they breach licence conditions or their risk escalates.