IAPDC responds to announcement on prison capacity mitigations

The Independent Advisory Panel on Deaths in Custody has become increasingly concerned about the capacity of the Ministry of Justice and HM Prison Service to keep people safe in custody. The Lord Chancellor and Ministerial colleagues have a fundamental human rights obligation to protect lives and prevent deaths in custody.

 A combination of court backlogs and now rapidly increasing prison numbers (prison population is rising at around 200 a week leading to overcrowding in a number of places); a high degree of uncertainty within that population (remand numbers up from 9,000 pre-pandemic to over 15,000 today and significant numbers serving long-abolished IPP sentences being recalled to custody); restricted regimes and 23 hour lock-up as the norm in large local prisons and some other establishments; severe shortages, particularly of experienced staff, with prison officer and healthcare team vacancies across the estate and poor staff retention. Most importantly Ministry of Justice figures reveal rising levels of self-harm.

 This crisis did not erupt from nowhere. Due warning has come from the Prisons Inspectorate, independent monitors, unions and staff associations and the prison service itself.

 Speaking today, Juliet Lyon, chair of the Independent Advisory Panel on Deaths in Custody said:

 At best the Ministry of Justice has adopted a Mr Micawber ‘something will turn up’ approach to a brewing crisis and at worst it has taken a reckless approach to prison safety.

 In his statement today, the new Prisons Minister has taken some necessary mitigating steps to manage risks to staff and prisoner safety. These should be seen as emergency interim measures only. Known risks to life include uncertainty and transitions; poor transfer of information; unmet mental health need; having nothing to do and no one to trust and turn to.

 The pressure on the service is acute and lack of hope, sense of purpose and support palpable amongst many prisoners and staff members.

 The use of police cells places additional pressure on police forces and allied health services. The re-commissioning of abandoned prison cells risks setting back important planned improvements to fire safety and alarm systems.

 Further mitigating steps should include guidelines to courts to reserve the use of custodial remand for those who represent a serious risk to the public; a re-allocation of budgets to build a solid network of community sentences with mental health and substance misuse treatment requirements; action to deliver government plans to reduce women’s imprisonment: and a renewed commitment to call a halt to the use of prison as a place of safety.