Perhaps that Friday was the end of the good old days

I have a backlog of stories which I want to write, but life has overtaken them, so instead I want to express a worry that has struck me. Everybody loves to reminisce about the ‘good old days’. Things always look better when you are looking back, in particular when the future looks decidedly dodgy, as it certainly does at the moment for criminal justice and for those in prison.

I have reached this depressing view because I asked the oracle what will happen to the state of prisons over the next few years, hoping for positivity. It covered its eyes and muttered under its breath “Best not ask that.” Do oracles have eyes, I wonder, and do they breathe? Actually, I had emailed the oracle via oraclesrus.com to ask that question, and the reply I got was “The good old days for prisons ended on Friday the 17th of July”. I fear that I now know why.

Was this the dream team?

Let us be honest for a moment. Prisons are still in a dreadful state. They have been underfunded for decades, and the old buildings are crumbling. The design of the new ones has been heavily criticised in reports by the Independent Monitoring Boards (IMBs) and HM Inspectorate of Prisons. The major building contractor signed up to undertake major work in February 2024 went broke in September that year and so everything stopped.

They have been overcrowded for far too long, giving appalling living conditions, as well as hindering rehabilitation and causing disturbances, and drugs are rife. There has been no system found to stop drones, and the poor conditions of windows in the Victorian estate could almost have a ‘drones welcome’ sign pinned on them. There are too many instances of people smuggling narcotics and other items into the jails, and mental health care is not sufficiently available for those who need it – which can in extreme cases lead to danger for the person concerned, other inmates, and prison staff.

The Sentencing Act 2026 was created to give breathing spaces within prisons, and before it was passed David Gauke had prepared a full report to consider options. A scheme based on the US concept of ‘earned progression’ was devised, and early releases were readied for September this year. There would be breathing space in our prisons, work could be done on repairs and renovation, and pressure would drop.

Overseeing the system politically were Secretary of State David Lammy, also with the post of Deputy Prime Minister, who had campaigned for justice for many years, and Prisons Minister Lord Timpson, who had years of involvement in rehabilitation and job creation for prison leavers within his company Timpson’s, in his role as Chair of the Prison Reform Trust, and with his creation of employers’ groups committed to offering jobs to ex-offenders. That was a powerful duo at the top of the political ladder.

Then, also around were excellent people to monitor progress. HM Chief Inspector of Prisons Charlie Taylor is highly respected for his investigation reports, and rightly so. He with his team have revealed the poor state of many prisons, and exposed weaknesses. I had not known other Chief Inspectors but know enough to realise just how good he is. His team, too, believe strongly in their work. 

Then there is Adrian Usher, Prisons and Probation Ombudsman, whose job it is to investigate all deaths in our jails and those shortly after release. He, again, is first class and has a committed team around him. He is trusted by the Ministry of Justice as they ask him to investigate other key matters of concern across their remit.

As HM Chief Inspector of Probation we have Martin Jones, who, with his excellent team of inspectors and colleagues in his office, has been looking at not only probation but also Approved Premises and youth justice systems. He too is experienced, and his factual reports are clear and expose weaknesses across the system, and in particular shortages of staff, highlighting the lack of trained staff.

In terms of miscarriages of justice, there is Dame Vera Baird who is at present chair of the CCRC, the last hope for people who are innocent but convicted. She has been in post for just one year and made a significant difference. Dame Vera was a highly rated criminal defence barrister, and has also been Victims’ Commissioner. I have met her numerous times at miscarriage of justice groups where she goes and meets campaigners and talks openly about the system she oversees.

Then there are the IMBs in England and Wales and, whilst this is not an opinion shared by everyone, in my view they do an excellent job in keeping an eye on the prisons and ensuring things are reported. They do not have powers to change things, but their work is noted when things go wrong, for instance at inquests. They need supporting as it takes a lot of commitment to do into prisons week after week as a volunteer, and they are there to push to get things improved.

And returning to Lord Timpson, one aspect of his time as a minister was that he would go to committee rooms where families of those on IPP were meeting and not only address the audience but also sit and talk with the families. That took empathy and courage, and was appreciated. The other Wednesday I spoke to him whilst he was outside the Ministry of Justice along with campaigners against the sentence, and looking forward to being interviewed by Ben Leapman and Rachel Billington from this paper that very evening. Five days later, he resigned.

Lord Timpson understands prisons and those within them. David Lammy understands injustice and bias within the system. I have often criticised them for not doing enough, but I always knew that they understood what was required. Of course improvement was coming more slowly than we would wish, but they knew we were in a hole, and understood which way we must travel to get out of it. The new PM is digging deeper.

What happens next?

We have known for a long time that Charlie Taylor is due to leave his post this autumn. I have been told that, so far, there has been no move to replace him. We also know that at some unspecified time and in some unspecified way, the IMB structure will be reorganised to come under the Chief Inspector of Prisons, but we have no idea what that will look like or how it will work. The normal system is to announce what you are going to build before you say you are going to make changes, but not in this case.

Then, on Monday just gone, the day when the new Prime Minister would form his cabinet, Lord Timpson stepped down. We do not know why, and it worries me. David Lammy left the Cabinet completely, so the two figureheads for prisons have gone, and they were replaced by people who have not actually been involved in prisons before.

The new Secretary of State is Alex Norris MP, whose previous Government role was in border control and asylum. I understand he has a particular interest in improving mental health services which is, of course, of great importance within prisons, courts, and the justice system. I have heard that he is hard working and a forward thinker. The Prisons Minister is Catherine McKinnell MP, a former employment solicitor who has had various legal-based shadow ministerial posts, but not involving prisons. 

My concern is first of all related to budgets. Since the general election just two years ago there have been two justice secretaries, and both were giants within government. Shabana Mahmood, now Home Secretary, and Mr Lammy, who moved from foreign secretary to the MoJ and also became deputy prime minister. They were in strong positions to protect the all-important justice budget. Circumstances have changed. 

The new Chancellor is John Healey, who was defence secretary under Keir Starmer and quit because he said that defence was short of £18 billion to properly defend the country. When the newly-appointed Defence Secretary comes knocking on his door demanding billions of pounds more, how can he say no without looking like a hypocrite? There are lots of other schemes needing money that are being announced, including cutting rates on pubs and reducing VAT on electric bills, and the new PM is telling departments to make savings. Justice needs more money, not less, as schemes for rehabilitation have been reduced hampering preparation for life outside. 

So, can a brand-new team in justice argue for the funds needed, and will they have the clout to succeed? Let us be honest, there are chunks of the public who think prisons should be bleak and desolate and do not care if the ceilings leak and the heating fails, and believe education and training are fun exercises for those inside who should instead be chained together and breaking rocks.

Falling at the first fence

The Prime Minister is finding out quickly that if you take one “popular” action, such as cutting business rates on pubs and clubs, then cafes, restaurants, shops, and everyone else moans they did not get a reduction. Make one person happy, make thousands feel hard done by. Life as PM is not simple. Cut VAT on electricity, what about gas and fuel?

However, what really concerns me is that Mr Burnham had announced a review of the earned progression scheme and put a stop on it after being approached by the widow of Pc Andrew Harper. She had learned that the two young men, so young they could not be named at the trial, who were sat in the back of the car in which he got entangled and dragged down the road causing his death would be released early having been convicted of manslaughter. I have total sympathy with her and Pc Harper’s family. They have a right to be distressed by this, and to protest. 

The Sentencing Act 2026 was researched and devised by David Gauke, debated, and passed, and it has clear and sensible guidelines. All released early will be on licence, and probation is gearing up to monitor them all. Different categories of crime have different tariffs. But what Mr Burnham seems to want to do is to pick and choose people from within those categories who have not reoffended in prison and are not classified as dangerous on release, and keep them in because their original crime led to headlines.

What he must recognise is that the person who has summed up what will happen next is Pc Harper’s mother, who said, quite rightly, “every victim will be feeling the same”. So if Mr Burnham thinks that he can isolate the two men in this – after all, they are from the Traveller community, and perhaps nobody cares about them anyway – and keep them in, he will find all other victims will demand the same.

Having different rules for different categories, implying rehabilitation is impossible for some types of crime, is in my view wrong, but wandering around a prison metaphorically painting red crosses on cell doors identifying those whose crimes were high profile and must not be released is immoral and probably impossible. The Sentencing Act was, and is, necessary to ensure prisons are not overcrowded and can keep programmes running, but it was also part of getting people to earn progression by their behaviour and actions whilst in jail. 

Government by chaos

The Prime Minister’s statement has caused chaos already and will satisfy no one. Prisons and probation staff have no idea what they are supposed to be doing and need time to prepare. Those who have been notified of new dates to leave jail will be both confused and furious. Other victims of crime will have expectations that probably will not be met, because pretty much everybody leaves prison one day. It is not a good start.

Decisions based on press headlines always foul up, and it is disappointing that Mr Burnham has pronounced on something about which he has no knowledge. Please get a grip on things and stop seeking headlines. Nobody will be happy after this, but the damage will be permanent. He should mark the words of Lady Chief Justice Baroness Carr when Keir Starmer made comments on the length of a sentence. She basically told him not to interfere. He is no longer in a job, so be warned.

Politics guided by headlines leads to chaos. And chaos is what has been created in prisons, where a sensible, thought out, policy was ready to start. And this chaos was born in Number 10, whether the version in London or the one in Manchester.