Two hundred years ago the Gaols Act 1823 set new standards for the treatment of prisoners, and public appearances by the reform movement’s leader, Elizabeth Fry, drew large crowds. The most extreme cruelty of the 19th-century penal system is thankfully long gone, but the dreadful state of English and Welsh prisons leaves no room for complacency about progress. Staffing levels are “dangerously low” – in the words of a government contract – and overcrowding is once again an acute problem. The findings of the recent inquest into the death of a newborn baby at Bronzefield jail in Surrey, after her 18-year-old mother, Rianna Cleary, gave birth alone in a cell, could hardly be more shocking. The black teenage care-leaver was on remand when prison officers failed to respond to her calls for help. She severed the umbilical cord with her teeth.
The NHS trust responsible for maternity care at Bronzefield, and the prison itself, have apologised and claim improvements have been made since 2019. But the overall position in women’s as well as men’s prisons is deteriorating, rather than getting better. Self‑harm incidents are disturbingly frequent, with 16,543 recorded in men’s prisons in the first quarter of this year – with the rate in women’s prisons approximately 11 times higher (because there are far fewer female prisoners, the actual number of incidents involving women is lower). Charlie Taylor, the chief inspector of prisons, has issued a second urgent notification regarding Bristol prison, with Damian Hinds, the prisons minister, agreeing that its state is “completely unacceptable”. While Scottish prisons are administered separately, there are concerns there too, with a report last month criticising the use of solitary confinement.
For Mr Taylor, the biggest concern apart from overcrowding is the lack of the purposeful activity, which is essential to rehabilitation. Nick Hardwick, Mr Taylor’s predecessor, describes prisons as being in “the most dangerous state” he can recall, with the current population of 86,763 expected to rise further – with ministers under pressure over the court backlog and determined to increase the number of rape charges.
Just as concerning as the current situation is the unlikelihood of improvement. Alex Chalk, the justice secretary, has revised guidelines on transfers to open prisons, which should lead to better decision-making in some cases. But the direction of travel under the Conservatives has been towards locking up more people for longer, and away from community punishments – with only 72,000 used in 2021 compared with 185,000 in 2011. Meanwhile, with a general election approaching, Labour’s fears about being portrayed as “soft” seemingly override any interest in a more nuanced policy that better balances punishment, deterrence and rehabilitation. Given Sir Keir Starmer’s background as a prosecutor, it is disappointing that he has not been braver in explaining to the public why overcrowded prisons full of desperate people are a source of risk, not security.
Prison cells are unsafe places for pregnant women and new mothers. Mental health services must be improved, and funding for long-overdue repairs to crumbling buildings supplied. But beyond these specific points, the whole system should be tilted more towards rehabilitation, which is impossible under current conditions. Bolder voices are needed to press that case.
