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Former justice secretary warned Sunak of a 'pray date' on prison overcrowding

Former Justice Secretary Alex Chalk and former Prime Minister Rishi Sunak Credit: PA/AP

The last Conservative justice secretary warned Rishi Sunak that if he failed to introduce an early prisoner release scheme (like the one that has been brought in today by Labour) they might need to "get down on their knees and pray" for the criminal justice system.

I can reveal Alex Chalk repeatedly spoke to the then prime minister, as well as officials in the Ministry of Justice (MoJ) and Downing Street, about what he called a "pray-date" that he warned was no later than mid-June.

He feared that after that point overcrowding could get so severe that the police would be forced to introduce Operation Brinker, effectively a one-in-one-out system.

Officials have told me they feared that could result in riots breaking out across the country's prison estates.

I found out about the conversations while researching my new book - Taken as Red - which comes out later this month and tracks Keir Starmer's rise to power and how the Tories crashed out of government.

Chalk used the language about a "pray-date" in a meeting with Sunak two days before the election was announced on Monday, 20 June.

Sources have suggested that Downing Street later indicated to the MoJ that they were willing to go ahead with the so-called SDS-40 scheme, in which prisoners on particular sentences are released early, 40% of the way through their sentences rather than 50%.

So when the election was called on Wednesday, Chalk was said to be furious.

Some 1,700 prisoners are expected to be released on Tuesday in addition to the around 1,000 prisoners normally freed each week

The conversation came after growing tensions between MoJ and Downing Street over the question of prison overcrowding.

Chalk had warned for some time that the system was reaching tipping point but would then use short term measures like ESCL ( End of Custody Supervised Licence) to ease the pressure.

That would not require legislation but would mean some prisoners would be released 18 days earlier.

Because of the success of ESCL there was a sense in Downing Street that the MoJ was 'crying wolf', according to sources, and so they were reluctant to take action as Chalk became more insistent.

'Taken As Red -How Labour Won Big and the Tories Crashed the Party' by Anushka Asthana is out on September 26


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Starmer has spoken about prison overcrowding and being prepared to bring in early release from the beginning of his premiership.

The PM described his anger at being handed lists of diminishing prison places during the riots.

Justice secretary Shabana Mahmood has argued that the government gave probation officers 8 weeks to prepare but many felt that they were not ready.

Today we heard from relatives who feared their loved ones would reoffend because of a lack of support for housing and benefits.

One probation officer speaking anonymously said they feared there was a risk because the system had been so badly run down.

They said the answer was more resource for the probation system.

Mahmood said anyone at risk of homelessness would get 12 weeks of accommodation - including the possibility of using budget hotels, which could be controversial.

The probation officer said hotels were totally inappropriate for ex prisoners on license as they would be sharing them with families and children or potential victims.

Sources said the hotels were a back-up and they hoped they would not be necessary.


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