Claire Sugden: Pressure on Northern Ireland's prisons raises serious questions about the delivery of justice

​Our prison system is under increasing pressure, with rising numbers in custody, limited capacity, and growing strain on the staff responsible for managing it.

When prisons are operating beyond what can reasonably be managed, safety becomes harder to maintainplaceholder image
When prisons are operating beyond what can reasonably be managed, safety becomes harder to maintain

That is not just an operational issue, it is a warning sign that the wider criminal justice system is not functioning as it should.

I understand that prison population numbers have increased significantly, to the point where staff are becoming increasingly concerned about how long the system can continue to operate in this way.

There is a real fear that, if pressures continue to build, we will reach a position where senior staff feel they have no option but to ask for early release simply to create space. That is not where any of us should want to be.

When prisons are operating beyond what can reasonably be managed, safety becomes harder to maintain and staff are left trying to manage a system that is stretched too far.

At that point, the focus risks shifting from delivering justice properly to simply coping with demand. That has implications not just within prisons, but for public confidence in the justice system as a whole.

It also raises difficult but necessary questions. If capacity pressures begin to interfere with sentences being served in full, then it is entirely reasonable to ask whether justice is being fully carried out.

Victims are entitled to expect that sentences mean what they say, and that the system is working in their interests.

The causes of that pressure are not difficult to identify. Delays in the courts, particularly for those being held on remand, are feeding directly into the prison population.

At the same time, disruption within the legal system has created a wider bottleneck, slowing the progression of cases both before and after conviction. When the system slows at any stage, the impact is felt elsewhere.

We also need to look carefully at how we are using custody. For those serving shorter sentences, particularly under a year, the evidence is clear that the scope for meaningful rehabilitation is limited.

That raises questions about whether other forms of disposal would be more effective, not just in reducing pressure on the system, but in reducing reoffending and better protecting the public.

The judiciary also has a role to play in this conversation.

Sentencing decisions are rightly independent, but there needs to be an awareness of the wider pressures within the system and what they mean in terms of risk to the public, capacity, and the ability of the system to operate safely.

Alongside this, the prison population itself is changing.

We are seeing more older prisoners, whether through longer sentences or an increase in historic offences coming before the courts.

That brings additional demands around healthcare and social care within prisons, and raises further questions about whether the system is properly resourced to meet those needs.

There is also a wider question about whether the justice system is being given the resources it needs to function properly.

The justice minister has been clear about the financial constraints facing the system, but those constraints cannot be allowed to undermine the delivery of justice.

If prisons are operating at or beyond capacity, court delays are increasing, and services are stretched, then it is difficult to argue that the system is resourced to meet the demands being placed on it.

None of this removes the immediate responsibility. Prisons must be safe. Staff must be supported. And the system must be capable of carrying out the sentences handed down by the courts.

If we are serious about restoring confidence and protecting communities, then we need to get a grip on the system as a whole.

That means addressing delays, being honest about capacity, making better use of alternatives where appropriate, and ensuring that every part of the system is working as it should.

Claire Sugden is an independent MLA representing East Londonderry and a former justice minister

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