Senior judges in England and Wales have been instructed to delay the sentencing of convicted criminals, including rapists and burglars, because prisons are nearing capacity, the Guardian understands. The guidance, reportedly issued by Lord Justice Edis on a private call with crown court judges, advises that offenders who have been on bail throughout the court process should remain on bail between conviction and sentencing.
A government source confirmed that the guidance applies to those already assessed as lower risk, stressing that it is not government policy but a judicial decision. However, a senior crown court judge quoted by the Times expressed concern that defendants convicted of historical rape or rape of a child under 13, as well as other sexual assaults, could now remain on bail.
The prison population reached 88,016 last week, close to the capacity of 88,667. The government has activated Operation Safeguard, using police cells to hold inmates, and has considered renting prison cells abroad. The Ministry of Justice blamed the backlog on the pandemic and barristers' strikes, but the backlog was already high before these events.
Health Secretary Steve Barclay acknowledged that prisons are under "huge pressure" but refused to confirm the guidance. The Ministry of Justice insisted that the most serious offenders should be sent to prison and that reports to the contrary are false.
