Overcrowding in Prisons: A Growing Crisis

Article written by Sofia S. Gagliardi

The issue of overcrowded prisons is no secret, and it has far-reaching consequences for both the incarcerated individuals and society at large.

Temporary Measures: A Band-Aid Solution

Following the racist riots that resulted in the immediate imprisonment of 400 individuals, Keir Starmer introduced new legislation aimed at temporarily alleviating the overcrowding crisis.  Under this new policy, prisoners will serve only 40% of their sentences in custody, compared to the previous 50%, with the remainder served on licence. While this may provide short-term relief, the repercussions of overcrowding extend far beyond the early release of prisoners.

Processing Delays and Family Distress

Once a person is arrested and placed in custody, they must go through a processing system that is burdened by the increasing number of inmates. Due to overcrowding, this process can take much longer than it should, causing significant delays. During this time, families of offenders may be unable to contact their loved ones for days, leaving them in the dark about their wellbeing and impeding their ability to provide financial support. This implies that inmates may be unable to call family and lawyers. This places significant pressure on prisons and the criminal legal system overall.

Prison staff safety

With prisons at full capacity, it is difficult to maintain order in prisons. Assaults on prison officers increased. This puts staff members at significant risk. They are not equipped with enough resources to manage prisons safely for offenders and themselves. Just this last week, inmates increased by 116, a drastic number that exacerbates the current prison system.

The Impact on Mental Health and Rehabilitation

Overcrowding in prisons also severely hampers the ability to address the mental health needs of inmates. For those with mental health challenges, receiving timely treatment and appropriate support becomes increasingly difficult in an overcrowded environment. It can take weeks, sometimes even months, to obtain necessary assessments or transfers to specialised facilities that can provide the care these individuals require. As a result, many prisoners are left without adequate support, which exacerbates their conditions and reduces their prospects for successful rehabilitation and consequent reintegration into the community upon release, with little prospect of reducing reoffending.

The Ethical Dilemma of Sending Prisoners Abroad

One proposed solution from past governments to alleviate overcrowding has been to send prisoners to foreign countries. However, this approach raises significant ethical concerns. Extrapolating individuals from their communities isolates them from their support systems, which are crucial for their well-being and rehabilitation. In many cases, prisoners may not speak the language of the country to which they are sent, making it even more challenging to legal services and communicate effectively.

The Need for Comprehensive Reform

The current approach to managing prison populations, particularly under recent conservative governments, has focused primarily on punitive measures rather than addressing the underlying issues that contribute to crime and reoffending. It is increasingly apparent that this strategy is failing.

To tackle the problem of overcrowding and reduce reoffending rates, there needs to be a significant shift in focus towards rehabilitation and crime prevention, in addition to a long-term financial investment in the legal system. This requires substantial investment in resources that can support prisoners in their journey towards reintegration into society. Programmes that teach valuable workforce skills, improve literacy rates, mental health support and rehabilitation for substance abuse issues are critical in this regard.

Conclusion

The increased number of inmates puts pressure on legal aid systems, reducing the quality and availability of legal representation for many defendants. Campaigners and charities believe that early release might jeopardise public safety, while others argue it is essential to avoid the inhumane conditions resulting from overcrowding. The pressure on legal resources, including defence lawyers, prosecutors, and court staff, is intensified by the surge of cases arising from an overcrowded prison system. Legal professionals encounter growing workloads, restricted resources,  and conflicting priorities, potentially affecting their effectiveness in handling cases. Defence teams that are overwhelmed may find it difficult to offer sufficient representation, leading to delays, adjournments, and procedural complications that exacerbate the backlog of cases.

By providing offenders with these resources, there will not be a need to imprison people who have not committed violent or heinous crimes. This would aid in reducing prison overcrowding and increase prospects of rehabilitation, alleviating some of the pressures on prison systems. This would further render prison officers safer when conducting their roles. Investing in these programmes not only benefits the individuals involved but also serves the broader interests of public safety, societal well-being, and of the legal industry.