The proposed new 'lockdown' sentence that could help with the problem of prison overcrowding

The Global Covid-19 Pandemic caused major restrictions to be imposed on a high proportion of the population of many countries.

As a consequence, huge numbers of people experienced a loss of liberty quite unlike anything they had previously known. In particular, the requirement to stay at home during lockdown restrictions, especially the consequent separation from relations and friends, caused considerable pain. Uncertainty over the lengths of lockdowns and the possibility of future lockdowns all added to the difficulties and anxiety that many people experienced.

In my recent book Prison Governor’s Journal, I argued that the global experience of loss of liberty provided a unique opportunity for many to better understand the impact of imprisonment. 

This could lead to an important change in public attitude enabling much needed penal reform. Brave political leaders are needed to take forward the opportunity on offer.

Why is this so important? It is because the Prison Service in England and Wales and in many other parts of the world suffers severely from chronic overcrowding. This is a blight that began more than 70 years ago.

Overcrowding has caused many of our prisons to become a national disgrace providing appalling conditions for prisoners to live in and for staff to work in. Worse, overcrowding leads to impoverished regimes and a failure to prevent prisoners reoffending on release.

Since 1947, there have been continuous attempts to overcome the problem by building, or converting from other use, additional prison places. It has not worked.

The state of public finances in the UK in 2022 means that further investment in prisons is very unlikely. Rather, Government pressure will be to further constrain resources for the Prison Service. Only a few days ago, the Government asked for 400 police cells to help deal with rising prisoner numbers – the population is up by 800 in the last few weeks.

What is the root cause of these difficulties?

There is overwhelming evidence that in England and Wales greater use of imprisonment, including lengthening prison sentences, is the cause of prison overcrowding. Compared with many other similar counties, we make much greater use of custody.

How might we begin to improve the disgraceful state of the prisons?

The Centre for Social Justice recently produced an idea for a new sentence: an “intensive control and rehabilitation order” (ICRO). This sentence would make use of advances in technology to enforce a requirement to serve the sentence at home. A battery of supportive measures is identified including a requirement to attend a periodic court review of how the individual was responding to the ICRO.

Because of the wide experience of “lockdown” this idea might be publicly acceptable. It is most certainly worth a try.

Moreover, recognising that more than 50 per cent of those discharged from prison commit further offences, it builds on evidence that providing homes and work for discharged prisoners is a crucial factor in avoiding re-offending. Keeping prisoners in their own homes and in their current work is a very good way of ensuring a higher probability of avoiding a return to prison.

If the ICRO works then it should reduce overcrowding and make the impact of sentencing more effective.

There is still a need to radically review our use of imprisonment, especially lengths of sentences imposed.

Every autumn, the churches encourage a focus on prison issues. Making the case for change in sentencing as proposed by the Centre for Social Justice offers the chance to make a real difference.

Brendan O’Friel is a retired Prison Governor and author of Prison Governor’s Journal.