[Relevant documents: First Report of the Justice Committee, Courts and Tribunals Bill, HC 192; Sixth Report of the Justice Committee of Session 2024–26, Tackling the drugs crisis in our prisons, HC 557, and the Government response, HC 1599; Seventh Report of the Justice Committee of Session 2024–26, Ending the cycle of reoffending – part one: rehabilitation in prisons, HC 469, and the Government response, HC 1639.]
Motion made, and Question proposed,
[Relevant documents: First Report of the Justice Committee, Courts and Tribunals Bill, HC 192; Sixth Report of the Justice Committee of Session 2024–26, Tackling the drugs crisis in our prisons, HC 557, and the Government response, HC 1599; Seventh Report of the Justice Committee of Session 2024–26, Ending the cycle of reoffending – part one: rehabilitation in prisons, HC 469, and the Government response, HC 1639.]
Motion made, and Question proposed,
That,
(1) for the year ending with 31 March 2027, for expenditure by the Home Office:
(a) further resources, not exceeding £10,441,629,000, be authorised for use for current purposes as set out in HC 1855 of Session 2024-26,
(b) further resources, not exceeding £860,906,000, be authorised for use for capital purposes as so set out, and
(c) a further sum, not exceeding £10,985,000,000, be granted to His Majesty to be issued by the Treasury out of the Consolidated Fund and applied for expenditure on the use of resources authorised by Parliament; and
(2) for the year ending with 31 March 2027, for expenditure by the Ministry of Justice:
(a) further resources, not exceeding £9,308,668,000, be authorised for use for current purposes as set out in HC 1855 of Session 2024-26,
(b) further resources, not exceeding £1,453,047,000, be authorised for use for capital purposes as so set out, and
(c) a further sum, not exceeding £8,887,226,000, be granted to His Majesty to be issued by the Treasury out of the Consolidated Fund and applied for expenditure on the use of resources authorised by Parliament.—(Mark Ferguson.)
(c) a further sum, not exceeding £8,887,226,000, be granted to His Majesty to be issued by the Treasury out of the Consolidated Fund and applied for expenditure on the use of resources authorised by Parliament.—(Mark Ferguson.)
I thank the Backbench Business Committee, Mr Speaker, and yourself, Madam Deputy Speaker, for granting the debate, and the Minister for being here—I hope she will find it useful.
We often speak in this Chamber about defence spending, and rightly so. Defence keeps our nation safe, but justice is what keeps the public safe, ensuring that victims receive justice and that offenders are removed from our streets. According to the National Audit Office, the Ministry of Justice’s total expenditure for 2024-25 was £15.5 billion, with an income of £1.9 billion, resulting in a net cost to the taxpayer of £13.6 billion. To put that into perspective, it is the equivalent of just two weeks of welfare spending.
When I refer to one justice system, I mean the police, the courts, prison officers and the Probation Service working together as a single interdependent system. When one part underperforms, it creates a domino effect across the entire system. Since the beginning of this parliamentary term, the Public Accounts Committee has published a number of critical reports on the criminal justice system, covering Crown courts, police productivity, probation efficiency, violence against women and girls, MOJ reports and prison estate capacity. These are not separate issues; they are interconnected pressures within one system, and they must be analysed, funded and reformed accordingly, not in isolation. I suggest that the PAC is a very useful Committee for considering these types of cross-cutting issues.
Does the hon. Gentleman agree that when prisoners are engaged in retraining or rehabilitation, they can then return to the community they were brought up in, but that is often where their problems started? The report might be able to recommend things that can be done in prison, but when people get back to their community, that takes over and they start where they left off. Does he agree that such issues must be sorted out in the location, in the community, and in the place people come from, to ensure that they do not go back to their bad habits?
The hon. Member makes an interesting point, and the Government must consider in the round how they can give people useful training, work and leisure in prison, so that they come out with some skills. Where people go, how they are housed and what employment offers they get are issues that the Government need to consider seriously—it is a really big problem.
The number of recalls to prison is now at an all-time high, demonstrating a system under severe stress. Planned reforms, including early-release schemes, risk placing even greater pressure on an already overstretched probation service. Well-run probation is not optional; it is essential. It is what enables people to reintegrate into society and prevents the cycle of crime from continuing.
In conclusion, the criminal justice system must be treated as one system. The Home Office and the Ministry of Justice need to work much more closely together to resolve some of the serious problems that I have outlined. Investment, reform and accountability must reflect that reality. Fixing one part in isolation will not solve the wider problem. As I have said, democracy is founded on an effective and properly functioning criminal justice system to keep its citizens safe. Serious criminals need to be removed from society by imprisonment, but the system must help itself by taking strenuous steps to reduce reoffending, which I repeat costs this country £20.9 billion a year. It is a well-thumbed maxim that, whatever the cause, justice delayed is justice denied.
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It is clear that the criminal justice system has considerable weaknesses. A central issue is the lack of usable integrated data. The police, courts and prisons operate on separate systems that do not effectively communicate with one another. This fragmentation makes it difficult for the system to function efficiently as a whole and increases the risk of serious administrative errors. That is reflected in the number of erroneous prisoner releases. In the last 12 months to March 2025, 262 prisoners were mistakenly released—an increase of 128% compared with the previous years.
Let me turn first to the estimates themselves—after all, that is what the debate is about. It is striking that even identifying a clear, unified figure for the system is difficult because of the fragmented way in which the funding is structured and assessed. The House of Commons Library has confirmed that the Ministry of Justice 2026-27 main estimate for resource departmental expenditure limit—running expenditure—is £12.69 billion, and capital departmental expenditure limit is confirmed at £2.36 billion. That represents a 4.4% and 2.6% increase compared with last year respectively. By contrast, the Home Office main estimate for RDEL for 2026-27 was £19.5% billion, representing a 10.8% increase on last year.
The Prime Minister has said that governing this country is about choices, so the question is: are these the right choices? Although the Government have committed to increasing the Ministry of Justice budget by more than 2% per year, the Department faces mounting pressures, as the Minister will know. Half its running costs are spent on staff, and it has experienced rising demand, inflationary pressures, and higher than expected costs. It has responded by transferring £695 million from underspent capital budgets into day-to-day expenditure, largely due to delays in the prison expansion programme. At the same time, it has committed to delivering at least 5% in savings, reducing administrative costs by 15% by 2029-30, and introducing AI to drive efficiencies. Those are all good things, but they do put pressure on the current budget. These ambitious targets must not come at the expense of frontline services, and they must come with the data to back up the ambition.
Let me turn to some of the issues in more detail. Police officers are on the frontline, and too often they face criticism without proper recognition for the vital work they do to keep our communities up and down the country safe. Although their funding has increased, with a £535.8 million uplift in 2026-27, forces are dealing with the growing complexity of crime, sustained financial pressure and persistent productivity challenges. In Gloucestershire, the Government are not delivering sufficient funding through the police grant to invest in any new digital IT, which would enable the police to be more efficient, and such pressures inevitably feed into the courts, which are already under severe strain.
The rising population in this country is bound to mean that more people will be going through our court system. Around 4 million new cases are now entering our courts and tribunals each year in England and Wales, and the average time to resolve a case has risen dramatically, from 481 days to 685. The backlog in the criminal courts remains exceptionally high, with an unprecedented 88,200 Crown court cases open as of December 2025—it might have come down a little since then. The median time from an offence being committed to the case being completed is 355 days, with some rape and other serious sexual offences—the so-called RASSO cases—taking three years or more, and some being postponed up to six times. Many victims simply give up before their cases come to court in order to try to put the trauma they have suffered behind them.
Is the system any better in the magistrates courts, where there is a backlog in excess of 310,000 cases? Through the Courts and Tribunals Bill, the Government propose to increase magistrates’ sentencing powers to up to 36 months. However, we have a huge problem with the recruitment of magistrates, meaning that the system is likely to be overwhelmed if more cases are diverted to them. It cannot be right that we have empty courtrooms and burgeoning waiting lists. The Government’s changes to legal aid have also led to inefficiency, with more people now representing themselves; I do not blame them at all, but it means that each case takes longer because people often need the court procedure explained to them.
Crown court sitting days have not kept pace with demand, despite offers from the Lady Chief Justice to increase capacity, which have not been taken up fully by the Government. Around 11% of courts are inactive on any given day. Delays of that scale are unacceptable for victims, defendants and public confidence in the system. These delays have the direct impact on the prison population, with more people being held on remand due to the backlog, as well as increased time for preliminary hearings and the granting of bail.
We are also seeing an increase in the number of people received into prison, driven by tougher sentencing and a rising remand population. Currently, between 16,600 and 18,000 people are held on remand in UK prisons, meaning they have been denied bail or are awaiting trial. Many of those people have been on remand for over six months, which is the target for maximum remand. That accounts for nearly 20% of the prison population. The increased flow of untried defendants and extended waiting times due to court backlogs is leading to that unacceptable increase in the prison population. If dealt with more efficiently, it would help with overcrowding in our prisons, but without sufficient capacity or staffing, the trend is unsustainable. The prison population reached a record high of 98% capacity, or 88,000, in August 2024—the highest ever. Overcrowding is driving violence, placing staff at risk, and undermining rehabilitation efforts.
As we know, the Government have committed to creating 20,000 new prison places, yet progress has been slow, with repeated delays and underspending. In a recent accounting officer assessment, there were significant delays in awarding new contracts at both HMP Forest Bank and HMP Rye Hill. The AOA does not set out the cause for those delays or for the additional costs incurred.
At the same time, retention of prison officers remains a serious challenge, affecting safety and stability across the prison estate. To give just one example of what is going on in the prison system, at our hearing on HMP Dartmoor the issue of radon was raised. The Ministry of Justice has signed a lease that cannot be broken until 2033, yet no sooner had that lease been signed, the prison was deemed unsafe because of radon. It is costing £4 million a year for an empty prison. HMP Dartmoor is an example of a Department making a decision under pressure and at speed, leading to a complete waste of public money.
In March 2025, approximately 242,000 individuals were under probation supervision. Vacancy rates in the probation service have risen from 14% in 2021 to 21% in 2025. Staff are routinely working beyond capacity, estimated at 118%, although the figure is likely to be higher, particularly in London. That workload will be increased further with the Government’s early release scheme. We heard deeply concerning evidence describing a culture of emotional strain and trauma among probation staff. This is not just a workforce issue, but a public safety issue, because when probation fails, reoffending rises, placing additional burdens on the police, courts and prisons.
The cost to this country of reoffending alone stands at a staggering £20.9 million, but the human cost to victims and communities is immeasurable. In part that is because our prisons are so overcrowded that prisoners are not being given meaningful activity, for example work training, so that when they are released they have developed skills that could help them to find work and reduce the reoffending rate.