Source · Select Committees · Justice Committee

Recommendation 178

178 Deferred

Significant backlog in adjudication process undermines prison discipline and progression model

Conclusion
The significant backlog in the adjudication process, acknowledged by the Prisons Minister, undermines discipline in prisons. While current policy allows governors to balance punishment with support, we received evidence which shows this is not happening consistently. Some prisoners face no repercussions, while others are removed from rehabilitative programmes. The latter approach is completely counterproductive. The Earned Progression model set out in the Sentencing Bill should incentivise ‘good’ behaviour, such as abstaining from drug use and drug-related activities. However, the model will only be effective if it is underpinned by a reliable and timely adjudication process. (Conclusion, Paragraph 72)
Government response summary AI-generated
The government's response details its efforts to counter drone technology threats to prisons, including security upgrades commencing by the end of 2025, rather than addressing the backlog in the adjudication process or its impact on the Earned Progression model.
Summary of the government's response below — read the verbatim text to verify.
Government Response Deferred
HM Government · verbatim extract Deferred
Partially accept The existing adjudications policy already allows Governors the discretion to award a suspended punishment in guilty findings, on the condition that the prisoner undertakes a rehabilitative activity, such as engagement with drug and alcohol treatment services. This approach rightly recognises the importance of disciplinary action following a positive test result, but also ensures this is balanced with opportunities for rehabilitation where appropriate. Work to promote further use of payback punishments and rehabilitative options in the management of prisoner behaviour across the estate is underway. NHSE and HMPPS will work in partnership to continue to promote and deliver rehabilitative options to address behaviours that drive illicit and problematic drug use. However, we do not consider it appropriate to go beyond the current powers and mandate the use of rehabilitative options in every disciplinary case. For many individuals, their needs have already been identified, and they may already be engaged in rehabilitative interventions or monitored for drug and alcohol use. Governors are best placed to determine what approach to take for each prisoner to balance punishment and support, including their willingness and readiness to engage with drug and alcohol interventions – recognising that patients must freely consent to treatment.
Read the full response on Parliament ↗