Recommendation 4

The prison capacity crisis has led to decisions and inefficiencies which represent poor value for money. Maintaining and making best use of the existing prison estate represents better value than building new places. However, capacity constraints mean that MoJ and HMPPS are unable to make cost–effective decisions. For example, HMPPS needs cells to be empty to undertake essential maintenance work but it cannot do so when there is little flexibility in the system and cells have to be kept occupied constantly. Its maintenance backlog has doubled to £1.8 billion in the last four years and its Spending Review allocation of £220 million in 2024–25 is not sufficient to reverse this trend. MoJ also extended its lease at HMP Dartmoor despite the presence of radon gas, but has since had to close the prison due to high radon readings. HMPPS has paid additional costs to accelerate delivery at some sites, and its contingency measure to rent police cells overnight (Operation Safeguard) has cost £70 million to date. Efforts to reduce the Crown Court backlog are also being stymied as prisoner transport services are at full capacity and prisoners on remand are not necessarily housed at the prison closest to the relevant court, leading to inefficiency if prisoners do not attend hearings on time. Reception prisons are under particular pressure, and the remand population was at a record high of 17,711 in August 2024. 5 recommendation In its Treasury Minute response, MoJ should set out how it will estimate the costs to the Criminal Justice System caused by acute prison capacity pressures, in order to strengthen its strategic case for longer term planning and investment.