Steve Barclay acknowledged there is “huge pressure” on the prison system but refused to confirm or deny reports that judges have been told not to jail some criminals due to prisons nearing capacity.
The Health Secretary told broadcasters that Justice Secretary Alex Chalk will address the issue in a statement to the Commons on Monday.
Lord Edis, the senior presiding judge in England and Wales, has ordered the sentencing of convicted criminals currently on bail to be delayed from Monday, The Times has reported.
Rapists and burglars could be among those whose sentencing is put off, the newspaper said.
There is pressure on the system, as there is in Ireland, as there is in France and a number of countries, as a consequence of the fact that jury trials were delayed during Covid, and that has meant there are additional numbers on remand
Asked on Sky News if the reports are true, Mr Barclay said: “It’s a longstanding convention ministers don’t comment on leaks. The Lord Chancellor will make a statement to Parliament on Monday.”
Pressed over whether prisons are full, he conceded “they’re under huge pressure”.
But he said that is the case in “many countries”, adding it is due to the Government ensuring prisoners are in jail “for longer” and because of “pressures as a result of Covid”.
He also told the programme: “We have an absolute commitment to protect the public.”
He told broadcasters the judiciary makes independent decisions on sentencing but insisted the Government is overseeing the “fastest rollout of prison places”.
He told Times Radio: “There is pressure on the system, as there is in Ireland, as there is in France and a number of countries, as a consequence of the fact that jury trials were delayed during Covid, and that has meant there are additional numbers on remand.
“Decisions on sentencing are taken by the judiciary independently. What the Government is doing is expanding at pace the number of prison places that we have.”
The UK’s prison population has increased substantially since the Covid pandemic in 2020 and, according to the latest figures, there are now 88,016 prisoners.
The criminal justice system has seen unprecedented growth in the prison population, following the pandemic and barristers’ strike, particularly among those awaiting trial, with 6,000 more prisoners on remand than pre-pandemic
As of October 6, capacity across the whole prison estate stood at 88,667.
Andrea Albut, president of the Prison Governors’ Association, recently told The Daily Telegraph that jails in England and Wales are “bust” of space, saying male facilities are running at more than 99.6% capacity and women’s are 96% full.
The Times quoted an anonymous senior judge as saying they had been “ordered/strongly encouraged” not to send to prison a defendant who appears before them on bail due to concerns the prison system is at capacity.
The Judicial Office, which supports the judiciary, said it would not comment on what was said during an internal meeting.
The independent body said it could not confirm whether new guidance on sentencing had been issued to judges.
Labour, responding to the report, said it is a “damning indictment of the state of our prisons” under the Conservative UK government.
The prison spaces crisis is a consequence of the Government’s approach to justice including over a decade of underfunding
A Ministry of Justice spokesperson said: “The criminal justice system has seen unprecedented growth in the prison population, following the pandemic and barristers’ strike, particularly among those awaiting trial, with 6,000 more prisoners on remand than pre-pandemic.
“The Prison Service has already put in place measures such as rapid deployment cells and doubling up cells to help manage these pressures, and the Government is carrying out the biggest prison building campaign since the Victorian era to build 20,000 new places, making sure we always have the places we need.”
Richard Miller, head of justice at the Law Society of England and Wales, said: “The prison spaces crisis is a consequence of the Government’s approach to justice including over a decade of underfunding.”