Downing Street has confirmed it will press ahead with the Sentencing Bill, which would mean longer sentences for people who have committed serious crimes whilst also releasing people early from existing sentences as a result of prison overcrowding.
This comes as an emergency measure, Operation Early Dawn, has been triggered by the Ministry of Justice to deal with prison overcrowding in England.
Downing Street suggested that letting some offenders out of jail early while introducing longer prison sentences for those convicted of serious crimes are “two sides of the same coin”.
Asked what the point was in imposing longer prison sentences if offenders are going to be freed early, the Prime Minister’s official spokesman said: “These are two sides of the same coin... We are taking action to lock up the worst offenders for longer and in order to ensure that we can put the worst offenders away for longer we must make sure that there are sufficient spaces to lock up the most dangerous criminals.”
Downing Street has confirmed it will press ahead with the Sentencing Bill
PA
But the spokesman said it is not fair to say that prisons are now officially full, saying: “No. This is an existing operation that is used from time to time to manage immediate localised pressures on the prison estate.”
The Government is “clear and categorical” that the worst offenders should be locked away for “as long as it takes to protect the public,” he said.
Operation Early Dawn will see defendants in police custody remain there, rather than being transferred to magistrates' courts for bail hearings.
This is in case there is no prison space for the prisoner if they are remanded into custody.
Labour's Shadow Justice Secretary Shabana Mahmood accused the Government of having not been transparent about the "most drastic form of early release for prisoners that this country has ever seen".
This came after a ministerial statement on Monday revealed the UK Government is to extend early release to up to 60 days if necessary in the future, to ease the pressure on overcrowded prisons.
Mahmood told the Commons: “Let us be in no doubt, this is the most drastic form of early release for prisoners that this country has ever seen, and his 11-page and 10-minute long statement, today it merited one paragraph.
“This is a measure which will cause shockwaves and deep concern across our country, and the Secretary of State seems to think a quiet written ministerial statement published late last night and one paragraph today is good enough, it is not.”
She added: “The Government has refused all requests to be transparent about the scale and the impact of this scheme, this is no way to run the criminal justice system, or indeed the country.
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“Not least because when he announced this scheme in October of last year, the Secretary of State was very explicit that the power would, and I quote, ‘only be used for a limited period and only in targeted areas’.”
A Ministry of Justice spokesperson said: "This Government is categorical that the most dangerous offenders should stay behind bars for longer, which is why new laws will keep rapists locked up for every day of their prison sentence and ensure life means life for the most horrific murderers.
“We continue to see pressure on our prisons following the impact of the pandemic and barristers’ strike which is why we have initiated a previously used measure to securely transfer prisoners between courts and custody and ensure there is always a custody cell available should they be remanded."
