A Norwegian-style queueing system and other key reforms could ease the UK’s prison overcrowding crisis and reduce reoffending, a new report by JUSTICE finds. The report warns that such reforms are urgently needed to avoid a repeat of the widespread prison riots of the 1990s.
The UK has the highest prison population in western Europe, and it continues to grow. The Ministry of Justice forecasts the prison population to exceed 100,000 people by early 2026. Nearly 30% of people in prison are there for non-violent or non-sexual offences and nearly 20% are there to await trial or sentencing.
Prisons are widely acknowledged to be in crisis, with two thirds of prisons in England and Wales holding more people than they were designed to house in recent months. Official reporting finds instances of raw sewage flowing through cells, chronic and severe staff shortages, prisoners locked in cells for 23 hours a day, and multiple people sharing cells meant for one. Very high rates of self-harm and violence have become common.
Stephanie Needleman, Legal Director of JUSTICE, says:
“Almost everyone in prison will eventually leave; it is in all our interests that they leave prison able to forge a better path. Instead, the system shows many of the signs that led to the 1990s prison riots; scarcely a day goes by without another inspection report describing conditions of squalor, idleness, and despair. By releasing people with worse mental health, no new skills and little support, it is unsurprising that more than one in three reoffend within a year.
Better prison decision making would save money, cut crime, and add some much-needed hope back into the lives of people in prison.”
The failure of our prisons carries large social and economic costs. Annual running costs for the prison system are around £4 billion a year, not accounting for the personal, social, and financial costs of reoffending.
Other European nations experiences’ show progress on prison conditions and reoffending is within our reach. In Norway, policy changes dropped a 70% reoffending rate in the 1990s to its current level of 20%. And the Netherlands was able to shrink its prison population by 40% between 2005 and 2022.
In Norway, people sentenced to prison are placed in a queue to await an available prison space. Today’s report recommends adopting and tailoring this approach to the UK’s needs by:
The report also recommends granting people in prisons means-tested legal aid. This relatively inexpensive change, the report argues, would add essential checks to a system that otherwise controls almost every aspect of prisoners’ lives – allowing people to appeal life-changing decisions about their risk categorisation, for example.
It also advocates for the need to find alternative ways to handle mental health crises rather than relying on segregation units and makes several other recommendations to improve the fairness and transparency of decision making in prisons, including improvements to the complaints system.
Professor Nick Hardwick, formerly His Majesty’s Chief Inspector of Prisons and chair of the JUSTICE working party advising on today’s report, says:
“Fundamental to creating decent, safe and well-ordered prisons is ensuring prisoners are treated fairly and consistently, and have effective means to have legitimate concerns addressed and their voice heard in the most important decisions affecting them.
This report sets out a series of practical measures to achieve that – while recognising that some prisons are currently far from having the capacity to deliver even the most basic standards of safety, decency and justice. We therefore call for legal controls on the population of individual prisons when the most basic standards are not being met, and for the prison system as a whole when capacity is reached.”