by Georgina Hayes

Created on: May 07, 2009   Last Updated: May 12, 2009

Is overcrowding really a problem in UK prisons?

Well, the simple answer is yes. However, this question could easily be seen as going further than that, asking us not just one simple question, but three entirely separate ones.

The first, quite simply, asks are UK prisons overcrowded? The second goes further asking, if prisons are overcrowded, then is this overcrowding is a problem within the prison system? Finally, a third goes even deeper, delving into the psyche of the UK population as a whole by asking if we, the British public, see it as a problem - do we care that prisons are overcrowded?

So, firstly;

Are UK prisons overcrowded?

Well, even a very brief search on the internet provides enough facts to prove that they are and, it turns out, even the official departments involved in the prison system do not dispute this.

Both NOMS (National Offender Management Service) & The Prison Service state quite openly that prisons are, in the most part, operating above their recommended capacity & The Ministry of Justice publish monthly updates here which contain all the facts & figures relating to prison population in the UK.

For example, as of June 2008 64% of all UK prisons were overcrowded with the worst case being HMP Kennet where the prison population reached 339 despite having an official Certified Normal Accommodation level, or CNA, of just 175. (Source: The Prison Reform Trust)

So what do those figures actually tell us?

Well, in order to understand them, we need to find out what all that jargon actually means and a bit more about prison overcrowding in general.

Firstly then, it is important to realise that overcrowding is not determined by personal opinion, it is, in fact calculated according to legal measurements.

Since the Prison Act of 1952 it has been a statutory requirement that each individual cell in a prison must be certified as adequate accommodation by the inspector of prisons. This was expanded on further with adding of Rule 26 in the 1999 Prison Rules which states that;

"(ii) A certificate given under that section or this rule shall specify the maximum number of prisoners who may sleep or be confined at one time in the room or cell to which it relates, and the number so specified shall not be exceeded without the leave of the Secretary of State."

However, as with all UK law, the wording is vague enough to allow many possible variations. For example if you asked a millionaire what they view as 'adequate' accommodation

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