Prisoners could be held in police cells in bid to cut jail overcrowding

Prisoners could be held in police cells in a bid to reduce “acute and sudden” overcrowding in jails.

Nov 30, 2022
By PA Media

Justice minister Damian Hinds told MPs the Government has asked to use 400 police cells to hold inmates after a surge in overcrowding in male prisons over the last few months – the “first time ever” such a rapid increase has occurred.

It comes after there was an “unprecedented increase” in the number of offenders coming into prisons in the North of England, according to the Ministry of Justice (MoJ).

But critics said the problem could have been predicted and that the decision paints a picture of a Government in chaos.

In a statement in the Commons on Wednesday (November 30), he said: “In recent months we have experienced an acute and sudden increase in the prison population, in part due to the aftermath of the Criminal Bar Association strike action over the summer which led to a significantly higher number of offenders on remand.

“With court hearings resuming, we are seeing a surge in offenders coming through the criminal justice system, placing capacity pressure on adult male prisons in particular.”

He added: “I’m announcing today that we’ve written to the National Police Chiefs’ Council (NPCC) to request the temporary use of up to 400 police cells through an established protocol known as Operation Safeguard.”

The Prison Governors’ Association said the circumstances were “not unforeseen” and warned that the plan will “cost the taxpayer more” and put “additional pressures on an already stressed criminal justice system”.

The organisation argued that the measure will “inevitably reduce the available numbers of police personnel to attend their core, frontline duties”, adding: “What we see today is a government in panic. They have had sufficient time and warning to realise spaces were running out.”

The problem is “specific” to male prisons but youth jails and women’s prisons have “ample capacity”, Mr Hinds said as he stressed the country has “not run out of prison places” and the emergency measures – which will provide the “immediate additional capacity” needed – “do not reflect a failure to plan ahead”.

Operation Safeguard is an “established protocol” which has been used before in periods of “high demand”, including between 2006 and 2008, he said, but added: “There has also been this highly unusual acute short-term surge, increases of over 700, and then over 800 in the last two months.

“It is the first time ever we have seen that sort of increase for two consecutive months.

“There are a number of capacity increase options that we have but they are just not possible, they are not available in that short timeframe.

“At no point in the last five years have we had fewer than a thousand cells available across the entire prison estate,” he told MPs.

The MoJ said the public would “rightly expect us to take the action necessary to create the extra spaces we need” and that “keeping the public safe and cutting crime by taking dangerous criminals off the streets remains our number one priority”.

NPCC lead for custody, Deputy Chief Constable Nev Kemp, said: “Police custody plays a pivotal role in keeping the public safe and supporting the criminal justice process. Policing has operational contingency plans in place for the activation of Operation Safeguard.

“This is a temporary measure in which policing will work closely with the His Majesty’s Prison and Probation Service (HMPPS) and key partners to support them in ensuring places are provided for prisoners when required in a safe and secure way.

“Policing will continue to conduct its operational business, arrest criminals, and secure them in custody, with well-established plans in place for prisoners to be placed in neighbouring force custody suites should the need arise.

“Our custody staff are highly skilled, professional, and hard-working. They are used to working in a challenging and high-risk environment and providing care for some of the most vulnerable and challenging people in society.

“We are working closely with the MoJ and HMPPS to ensure that arrangements are as safe and efficient as possible for the duration of Operation Safeguard.”

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