Magistrates in England and Wales have been instructed to refrain from sending individuals to jail temporarily due to the overcrowding in prisons. Lord Justice Nicholas Green issued guidance advising magistrates to delay sentencing for offenders likely to receive jail time until the Government’s early release scheme takes effect on September 10, as reported by The Times. This move aims to alleviate pressure on prisons, which are already facing a shortage of space.
The Ministry of Justice clarified that the directive does not apply to high-risk offenders already in custody. A spokesperson stated that the current Government inherited a crisis in the prison system, and the upcoming changes in September are aimed at addressing this issue. The new early release scheme is expected to create up to 5,500 additional prison places by adjusting the standard release date for inmates.
Under the Labour-led initiative, approximately 2,000 prison spaces will be freed up by allowing some prisoners to be released after serving 40% of their sentence, instead of the previous 50%. However, the scheme excludes violent offenders serving four years or more, as well as individuals convicted of domestic violence or sexual offences. Magistrates handled over 1.3 million cases last year, highlighting the significant impact of the current situation on the justice system.
The Chief Executive of the Magistrates Association, Tom Franklin, expressed concerns about the delays in magistrates’ work affecting the delivery of justice for victims, witnesses, and defendants. He described the guidance as a temporary measure until the larger release of prisoners in September, reflecting the ongoing crisis in the justice system. Emergency plans, such as Operation Early Dawn in the North of England, have been activated to manage the situation, allowing defendants to be held in police cells until space is available in prisons.
This directive from Lord Justice Green underscores the challenges faced by the justice system in handling the current pressures on prisons. The forthcoming changes in September aim to address the crisis and create more space in prisons. As the early release scheme is implemented, officials are working to ensure the effective operation of the criminal justice system and uphold the principles of justice for all individuals involved.