Thousands of prison cells are currently unavailable for use in England and Wales, despite the government releasing thousands of inmates early to alleviate overcrowding.
According to recent figures, up to 1,800 prison places are unusable because of a pledge to install Automatic Fire Detection systems. Hundreds more remain vacant due to ongoing repairs and structural issues. For example, large wings of HMP Birmingham are unusable after a construction firm collapsed in 2024 during repair work. Additionally, HMP Dartmoor has been mothballed since 2024 after the discovery of unsafe levels of the natural gas radon, leaving 640 cells empty. Taxpayers continue to bear the cost of leasing the HMP Dartmoor site from the Duchy of Cornwall, with no timeline for its reopening.
Official figures indicate that 4,024 prison places are currently unavailable across jails in England and Wales, categorized as 'damaged' or 'affected by building works.' The Ministry of Justice states that additional capacity can be created by housing two prisoners to a cell. Critics argue that if these empty cells were made available, it would negate the need to release approximately 5,000 inmates who have served just one-third of their sentences.
The situation has drawn criticism from various political figures and prison advocacy groups. Shadow Justice Secretary Nick Timothy accused the government of dishonesty regarding available prison capacity, suggesting that 1,000 additional places were identified to exclude certain offenders from early release. He called for urgent action to prevent the early release of violent offenders, including rapists, killers, and domestic abusers, by utilizing empty cells, expediting safety upgrades, or employing double-occupancy.
Mark Fairhurst, National Chair of the Prison Officers’ Association (POA), described the number of unavailable places as a "damning indictment of the state of the prison estate." He expressed frustration that while the government relies on early release to manage overcrowding, thousands of cells sit empty due to construction delays and damage. Fairhurst also voiced concerns about accountability at senior levels, noting a lack of consequences for perceived incompetence and poor decision-making.
Some authorities have already intervened to prevent specific early releases. Andy Burnham has reportedly taken steps to stop rapists from being released early and is considering measures to prevent the release of individuals convicted in cases like that of PC Andrew Harper, including potentially housing male inmates in women's facilities.