In a recent announcement, Justice Secretary Shabana Mahmood revealed plans for the construction of three new prisons, as part of the government’s broader strategy to alleviate the mounting pressure on the criminal justice system. This comes amid warnings that men’s prisons in England and Wales could run out of space by the end of 2025.

At first glance, the move appears practical—more prisons mean more space. But B P Collins’ criminal team explores if this addresses the root of our prison problem, or does it simply make room for the consequences of deeper systemic issues?

A System built on escalation

Over the past two decades, the UK has seen a significant expansion of criminal law. Successive governments have introduced hundreds of new criminal offences, some driven by public concern, others shaped by political posturing. At the same time, the courts have been encouraged to hand down longer custodial sentences, especially for serious crimes.

Murder tariffs, for instance, have seen consistent upward revisions. And while public protection is a legitimate concern, these harsher penalties have contributed directly to an unsustainable rise in the prison population.

We also continue to grapple with the long-term consequences of the now-defunct Imprisonment for Public Protection (IPP) sentences. Thousands remain behind bars under these legacy provisions, often with no clear pathway to release. Their indefinite incarceration adds to the complexity and cost of prison management.

More inmates, fewer staff

The physical overcrowding of prisons is only part of the story. Equally troubling is the staffing crisis that has plagued the system. Over the last decade, prison officer numbers have fallen, even as the prison population has grown. This imbalance has led to a host of operational challenges, from increased violence and self-harm to reduced access to education and rehabilitation programs.

Prisons are not just warehouses for people – they are supposed to be places of reform. But when officers are stretched thin, inmates are often locked in cells for up to 23 hours a day. There is little time for purposeful activity, skill-building, or even basic human interaction. Under such conditions, the cycle of reoffending is not broken; it is reinforced.

The case for a smarter approach

Building more prisons may offer short-term relief, but it is no substitute for long-term reform. If we want to reduce reoffending and create a safer society, we must invest in the human infrastructure of our prison system.

That means recruiting and retaining more prison staff – not just to supervise, but to mentor, educate, and support inmates. With the right support, prisoners can acquire the skills they need to reintegrate into civilian life and become productive members of society.

We also need to revisit sentencing policy. Are longer sentences always the answer? Could community-based alternatives deliver better outcomes for lower-risk offenders? Should the government finally resolve the IPP issue by offering a clear, fair route to release?

The government’s decision to build more prisons is a response to a problem of its own making. The expanding scope of criminal law, tougher sentencing and declining prison staffing have combined to create a perfect storm.

If we truly want to solve the prison crisis, we must ask deeper questions about justice, rehabilitation, and what kind of society we want to build. Concrete walls may hold bodies, but only systemic reform will set people, and the system itself, on a path to lasting change.

B P Collins’ criminal team can be contacted by emailing enquiries@bpcollins.co.uk or call 01753 889995.


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