Photo: the wub/CC
Photo: the wub/CC

Next government faces overcrowding and underfunding

Probation Officer in the West Midlands

Shortly before the election was called, in a desperate attempt to manage the endemic crisis in prisons and the whole criminal justice system, the Tories announced a further extension to their End of Custody Supervised Licence (ECSL) scheme. The scheme releases some prisoners earlier than their automatic release date to try and cope with dangerous overcrowding in UK jails. Originally announced back in October, it has increased from 18 days initially, to 70 days earlier now – such is the scale of the crisis in prisons.

Criminal justice unions, and campaign groups for prisoners and victims alike, warned of the potentially dangerous consequences of these measures. Reducing the prison population is desperately needed, however this scheme has been a misguided disaster.

Forced through with no consultation or planning with staff or victims’ groups, it has meant that prison and probation staff who are tasked with supporting and supervising prison leavers have had no time to accurately assess their risk or ensure the required support is in place to promote a stable path to rehabilitation, such as accommodation, employment, and mental health and substance misuse treatment. This has undoubtedly placed prison leavers and the public at risk.

ECSL only kicks the can down the road, from an overcrowded prison service to an understaffed and overcapacity probation service. 87,691 people were in prison in England and Wales in May. However, the number of people that can be held in “safe and decent accommodation” – the “uncrowded capacity”, is considered by the MOJ to be 79,507. Likewise, probation officer caseloads in the community often exceed 130%, with some officers reaching 200% workload.

Unbelievably, the chief inspector of prisons highlighted a problem with prisoners being released under ECSL with no home to go to, only to be recalled to prison days later for breaching the terms of their licences. Prison leavers, who often present with complex risks and needs, are frequently left to fend for themselves without appropriate support.

Prisoners are also often released without accurate risk assessments, placing the public at direct risk because of the government’s chronic underfunding of criminal justice services. This has unfortunately been a common theme in recent high-profile ‘Serious Further Offences’, including the tragic murder of Zara Aleena in 2022 and the ‘Killamarsh murders’ in 2021, where these structural failings had devastating consequences. When Sunak has been challenged in parliament over his mismanagement of prisons, he has claimed that “no-one who is a threat to our country” will be released. However, the scheme has included prisoners assessed as ‘high risk’, a ‘risk to children’ and prisoners involved in domestic abuse cases.

The Tories’ record in dealing with the crisis in criminal justice has only served to make the problem worse. But they’re likely not going to be in power much longer. It’s no surprise that the prison crisis is one of the items on Keir Starmer’s ‘shit list’ – massive issues the next government will have to deal with imminently.

‘Justice on the cheap’ by replacing genuine intensive and holistic support with more tagging, curfews and scheme’s like ECSL, won’t solve the crisis. Funding is desperately needed for staff and services that actually help people move away from crime including homelessness, substance misuse, mental health and youth services. Sticking to ‘fiscal discipline’, will a Starmer-led government provide those services without being pushed?

The poverty and alienation caused by capitalism are by far the biggest drivers of crime. By taking the wealth and resources out of the hands of the bosses, workers could democratically plan society on a socialist basis. Only in a socialist society, where services don’t face relentless attacks by capitalist governments, and are provided on the basis of need and not profit, can the public be properly protected.