THE SENTENCING ACT 2026

Political failure cannot be solved by emptying our prisons, argues General Secretary Steve Gillan

The Sentencing Act 2026 has been presented as a solution to the prison capacity crisis, but those of us who have spent our working lives inside prisons know the truth. This legislation is not a strategy for justice. It is an emergency response to a crisis that has been years in the making; a crisis created not by frontline staff or by prisoners themselves, but by successive governments that have treated the prison service as a soft target for cuts, underinvestment and short-term political decision-making.

EARLY RELEASE SCHEME

The early release provisions contained within the act represent an admission of failure. Rather than ensuring there are sufficient prison places for those the courts have determined should be in custody, ministers have instead chosen to reduce the amount of time many offenders spend behind bars. That may ease population pressures in the short term, but it does nothing to address the structural problems that have brought the system to breaking point.

POA WARNINGS

For years, the POA has warned that the estate was operating beyond safe capacity. Those warnings were ignored. We have seen prisons deteriorate through a lack of investment, maintenance deferred year after year, experienced staff lost, and recruitment struggles become a permanent feature of the service. At the same time, governments continue to introduce tougher sentencing policies without delivering the prison places, staffing levels and infrastructure needed to support them. The result has been entirely predictable. Overcrowded prisons struggle to provide purposeful activity, education, training or rehabilitation. Staff spend more time managing risk and less time supporting positive change. Violence, self-harm and instability become harder to control in establishments operating under relentless pressure. None of this benefits victims, prison staff or the wider public.

WHAT IS THE ANSWER?

The solution to decades of underinvestment cannot simply be to release prisoners earlier, because there is nowhere left to house them. Justice should not be dictated by available bed spaces. Sentencing decisions should reflect the seriousness of offending, The protection of the public and the interests of justice – not the government’s inability to provide sufficient prison capacity. This situation is the consequence of years of what can fairly be described as financial vandalism against the prison service. Capital investment has too often been delayed or cancelled, maintenance budgets squeezed and the service expected to deliver more with fewer resources. Frontline staff have repeatedly been asked to shoulder increasing responsibilities while working in ageing buildings that are frequently no longer fit for the demands placed upon them.

The prison estate cannot continue to function on emergency measures. Every time capacity reaches its limit, another temporary scheme is introduced to buy time. Yet buying time is not the same as solving the problem. Without sustained investment in modern prisons, maintenance of existing establishments, staff recruitment, retention and rehabilitation programmes, the same crisis will return repeatedly.

The POA has never argued that imprisonment alone solves crime. Effective rehabilitation remains a vital part of reducing reoffending and protecting communities. However, rehabilitation requires stability, resources and time. It cannot flourish in overcrowded prisons operating under constant crisis management, nor can it succeed if policy is driven by the immediate need to free up cells.

VICTIMS OF CRIME DESERVE HONESTY

The public also deserves honesty. The prison population has grown for complex reasons, including changes in sentencing, and the nature of offending and demographic pressures. If governments choose policies that increase the demand for prison places, they must also accept responsibility for providing the capacity required to implement those policies safely and effectively. It is neither credible nor sustainable to legislate for longer or more custodial sentences while simultaneously failing to invest in the estate needed to accommodate those sentenced by the courts.

The POA remains committed to maintaining safe, secure and decent prisons. Every day our members manage some of the most complex and challenging individuals in society, often under considerable pressure and personal risk. They deserve more than political promises made during moments of crisis. They deserve long-term planning, adequate staffing, modern facilities and resources necessary to carry out their duties professionally.

POPULATION CRISIS MUST SERVE AS A WARNING

The Sentencing Act 2026 should serve as a warning rather than a template for future policy. Emergency early release schemes may relieve immediate pressures, but they should never become a substitute for sound prison policy. The justice system requires confidence from victims, communities, staff and the judiciary alike. That confidence is weakened whenever operational necessity appears to override sentencing decisions made in open court.

If ministers are serious about restoring confidence in the criminal justice system, they must move beyond short-term fixes. They must invest properly in the prison estate, rebuild staffing resilience, maintain existing prisons to an acceptable standard and ensure future sentencing policy is matched by realistic operational planning. That requires political courage and sustained financial commitment, not simply another emergency measure whenever prisons approach capacity.

PRISON OFFICER GRADES AND OSG RESILIENCE

POA members have shown remarkable resilience despite years of financial pressure. But resilience has its limits. Staff cannot continue to compensate indefinitely for systemic underinvestment. Nor should public protection depend upon emergency release schemes introduced because governments have failed to plan adequately for the consequences of their own policies.

The country deserves a prison system that is properly resourced, professionally staffed and capable of carrying out the sentences imposed by the courts. Anything less risks undermining public confidence in justice itself. The solution is not to manage decline through ever more creative release mechanisms. The solution is to rebuild the prison service through sustained investment, strategic planning and a genuine commitment to the frontline professionals who keep our prisons and, ultimately, our communities safe. l