(2 days, 16 hours ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Order. Before we come to the urgent question on absconded prisoners, I should inform the House that one of the prisoners has been charged with escaping from lawful custody and the matter is now sub judice. Members should therefore avoid references to the specific circumstances of the individual case. Questions on the broader issue of public safety, which is the focus of the urgent question, are permissible, as are more general questions on security protocols in prison.
(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the implications for public safety following the admission that two dangerous offenders, including a convicted murderer, absconded from HMP Leyhill on new year’s day.
A happy new year to you and to all in the House, Madam Deputy Speaker.
On 1 January 2026, three prisoners absconded from HMP Leyhill, an open prison: Mr Thomas, Mr Washbourne and Mr Armstrong. This was discovered during routine roll checks, and their absence was followed up immediately. On 3 January, the police issued a public appeal to assist with their recapture. As you have stated, Madam Deputy Speaker, one of the prisoners, Aaron Thomas, has since been arrested and is scheduled to appear before magistrates today. He will then be returned to closed conditions. The other individuals remain unlawfully at large, and police are actively pursuing them. The Government take every abscond seriously. In line with the prevention of abscond policy framework, the prison group director for HMP Leyhill has commissioned a review, which will be completed within 20 days.
These individuals had been moved to open conditions at different points in 2025 after recommendations made by the independent Parole Board. There was no recent intelligence regarding a potential abscond by these prisoners. When it comes to an offender serving a life sentence or an indeterminate sentence for public protection, as these prisoners are, a transfer to open conditions will be approved only following a recommendation by the Parole Board, other than in exceptional circumstances. Before making a recommendation, the Parole Board conducts a thorough assessment of the offender’s risk of harm and risk of absconding. At the time these risk assessments were completed, the prisoners were deemed suitable for open conditions. We are continuing to work and engage with the victims and the victims’ families, either through the victim contact scheme or via the police where relevant. Currently, we have made contact with two victims through the victim contact scheme.
So a murderer is on the loose—a murderer and a violent offender. Once again, the Justice Secretary’s strongest ever checks have been a resounding failure, and once again there is a manhunt under way. Precious police resources are being wasted to fix Calamity’s latest cock-up. And where is the Justice Secretary? The Ministry of Justice seems to lose its Secretary of State as much as it does its prisoners. Has his aunt taken him to the January sales to find him a new suit, just in case he gets let loose on Prime Minister’s questions again?
Let me ask the Minister instead: why was someone who robbed and brutally killed a man by bashing him on the head with a brick—a man who led a prison riot and attacked prison officers repeatedly—deemed safe for open prison? Why, as we have just learned, did it take 48 hours for the police to raise the alarm? How many other murderers are there in open prisons? How many more mistaken releases have there been since the Justice Secretary last came clean? Once again, the safety of the public is being compromised by the breathtaking incompetence of his Department.
What a Christmas it has been for the Justice Secretary. On Boxing day, he said he was delighted to welcome into Britain an extremist who hates our country. The following day, it was revealed that he had invited a disgraced ex-Labour politician convicted of spreading homophobic smears to his official swearing-in as Lord Chancellor. Days later, he paid an Islamist double murderer thousands in compensation, alongside hundreds of thousands in legal fees, much of it to the Justice Secretary’s own colleague’s spouse. Then the Prime Minister’s mentor, a leading KC who clapped him into Downing Street, slammed his shameful plan to slash jury trials. To top it all off, on new year’s day we learned that these prisoners had been let loose. Well, happy new year from the Justice Secretary. It is little wonder that in his first interview of 2026, he said that he was seeking divine retribution—sorry, he meant to say divine intervention. Well, with more of this, God help us all.
I am afraid that it is a new year but the same sad, old Jenrick. The right hon. Gentleman clearly has not done his homework. He does not seem to know the difference between releases in error and absconds. This is a Member who wants to be the Lord Chancellor and the next Leader of the Opposition, and he is deliberately muddying the waters here to suit his own agenda.
We are seeing the deep-rooted issues caused by years of chronic underfunding and mismanagement by the right hon. Gentleman’s Government play out. The crisis that our prisons face today was built up over 14 years and the Tories are the chief architects. This did not happen overnight, and it was not inevitable. It was the choice of the Conservatives, made again and again for 14 years. They abandoned their posts and put public safety at risk by allowing our prisons to reach bursting point. He talks about public safety, but they left our prisons at breaking point with not enough room to lock up any dangerous criminals. If it were not for the decisive action that this Government took, the police would have been unable to make any arrests, courts would have ceased to function, and there would have been a breakdown of law and order unlike anything we have seen in modern times.
Those who abscond face serious consequences. We take our responsibilities very seriously, and that is one of the reasons why there has been a dramatic fall in the number of absconds over the last 20 years. It is one of the success stories that the Tories actually had in government, and the right hon. Gentleman should celebrate that because elsewhere their record is much less rosy.
As the Tories were packing their bags to leave office, temporary release failures hit a 13-year high on their watch. The prison system was in chaos, and they presided over 17 releases in error a month in their last six months in office. They said that they were the Government of security and safety, yet they oversaw violent crime and crumbling courts and prisons. To cover up for their failures, they covertly let out 10,000 prisoners early as part of their chaotic early release scheme. The Tories claim to be the party of law and order; instead, their legacy was lawless disorder. Now they have the barefaced audacity to come to this House and make demands as if they had never been in government, as if they had never ever overseen a crisis in our criminal justice system.
What is the right hon. Gentleman’s solution to this crisis? To do nothing—to ignore the evidence that places people in open conditions to help them prepare for life outside and reduce their risk of reoffending, and to turf people out of prison with no support and just hope that everything turns out okay. The Tories are not serious people. They are not serious or ready for Government. They have no solutions to the problems that they created.
I call the Chair of the Justice Committee.
In the light of these escapes from a class D prison, will the Government look again at the policy and process for moving prisoners to open prisons earlier in their sentence as a consequence of prison overcrowding? Does the legacy of the previous Government mean that prisoners may be located in prisons because of the space available, rather than their suitability for the type of offender?
I thank the Chair of the Select Committee for his probing. He will be aware that to deal with the crisis in prison capacity that the Tories left us, this is what we had to do. The policy of moving prisoners to open prisons began under the Conservatives. Typically, they tried to keep quiet about it when they were in government. We have been open and transparent. We have looked at exactly how we have done this as part of our strategy to deal with overcrowding and, thankfully, through our Sentencing Bill—which the Tories are trying to wreck, by the way—we will ensure that our prisons never ever reach breaking point again. However, open prisons are part of the course to rehabilitation and part of ensuring that we make better citizens rather than better criminals, and they have worked and operated effectively under successive Governments.
Jess Brown-Fuller (Chichester) (LD)
The news that offenders absconded from HMP Leyhill on new year’s day is yet another example of the glaring incompetence of the MOJ when it comes to maintaining control of the prison population. This situation has yet again placed the public at risk and lets down victims. It also raises serious questions about why some of these prisoners were placed in a category D prison. Matthew Armstrong, a convicted murderer, has a history of violent incidents in custody, including leading a riot and attacking prison guards. Given that record, why did the MOJ feel able to approve his transfer to an open prison? What steps are the Government taking to review the criteria for violent offenders being assessed for transfer to category D prisons when they could pose a risk to the public again? What additional resources are being provided to the victims of these individuals, including the prison officer assaulted by Armstrong who is no longer serving? I hope that lessons are being learned from the case of Lenny Scott.
Does the Minister believe that poor transfer decisions are being made based on a lack of capacity in our closed prisons, or is she satisfied that the processes of the Parole Board and the Department are strong enough? Can she reassure the House now that we will not be coming back to have this same conversation again in 2027?
I welcome the questions from the Liberal Democrat spokesperson. To reassure the House, offenders who are serving a life sentence or an IPP sentence for public protection will be approved for a transfer to open conditions only in response to a recommendation by the Parole Board. Before making that recommendation, the Parole Board conducts a thorough risk assessment of the offender’s risk of harm and risk of absconding, taking into account all those assessments provided by qualified HM Prison and Probation Service staff and other agencies. The Secretary of State does have the ability to reject a recommendation from the Parole Board, but to do so they would need evidence to dispute the board’s assessment of risk. Officials, on behalf of the Secretary of State, concluded that there were no grounds under the published policy to reject the board’s recommendations for any of these three individuals.
On absconding more generally, it is important that I state categorically to the House that there were 57 absconds in the year ending March 2025, which is a 2% decrease from 58 the previous year. The number of absconds is falling year on year, and has fallen from 143 in the 12 months to March 2020. It is coming down substantially due to a sustained focus on this area. Open prisons work; they are a key part of the programme of rehabilitation and of reintegrating offenders into society. However, sometimes prisoners abscond and it is important that all steps are taken to bring them back into custody when that occurs.
Alex McIntyre (Gloucester) (Lab)
I must have a bit of amnesia in the new year, because I cannot seem to recall any circumstances in which the shadow Secretary of State raised in the House the 143 abscondments that happened on his Government’s watch—perhaps it is only when a leadership bid is in the offing that he cares about this issue. Will the Minister set out what steps she has taken to ensure that these prisoners are returned to custody and what measures are in place to deter prisoners from absconding in future?
I welcome my hon. Friend’s question. He is right: amnesia seems to be going around the Opposition a lot faster these days. In July last year, as well as refreshing internal security frameworks, the Government published a new policy framework that sets out definitions, reporting expectations and response requirements. We are working with all relevant agencies, including the police, and the public, following the public appeal that went out on 3 January to get everyone behind bringing these prisoners back into custody and putting them into closed conditions.
I call Justice Committee member, Dr Neil Shastri-Hurst.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
Since October of last year, five people have absconded from Leyhill, which suggests that there are systemic issues around both security and licensing arrangements. I suspect that those are not bespoke to Leyhill, but are used across the wider open prison estate. With that in mind, what has the Minister’s Department done to tighten those arrangements to ensure that this does not happen again, not just at Leyhill, but at any other open prison?
I thank the hon. Gentleman for that question. As he will be aware from my previous answers, absconds have actually decreased across our open prison estate: they have come down by 2% on the previous year. However, whenever an abscond happens, a rapid review will take place. A rapid review is taking place into the absconds at HMP Leyhill. It will be done within 20 days and I will ensure that it is brought forward.
Warinder Juss (Wolverhampton West) (Lab)
Any prisoner absconding is, of course, bad news and something that should not happen, but does the Minister agree that it is a symptom of the broken-down prison system that we inherited from the previous Government and something that we are now trying to sort out? Can she confirm that the rate of prisoners absconding is lower under this Government than it was under the previous Government?
My hon. Friend is right: the levels are decreasing. That is due to the strong and robust frameworks on absconding prisoners that we are putting in place. We inherited a prison system on the brink of collapse and took immediate action days after coming into office to stabilise our prisons. We are bearing down on releases in error, which have caused huge upset and concern to victims and can put the public at risk. I state again at the Dispatch Box that that is wholly unacceptable. We have introduced mandatory stronger release checks to catch those errors before they happen, as that is the most effective way of protecting the public, and Dame Lynne Owens is examining the causes of releases in error.
Abscondment numbers are coming down. I am proud of the work that has been done. Any abscondment is one too many and we are working to bring that number down even further.
The police have said that the prisoners who absconded from the open prison HMP Leyhill are dangerous and should not be approached by the public. How can any prisoner described in that way be in an open prison? It defies logic, Minister.
The right hon. Lady will be aware that the decision regarding Parole Board recommendations to move prisoners to open prisons has been made by successive Governments. This is a policy decision. The Parole Board makes independent decisions. At the time of those risk assessments, no concerns were raised about the risk of harm to the public or absconding in relation to any of the prisoners who have absconded.
Catherine Atkinson (Derby North) (Lab)
When we see offenders abscond from prison, it is understandable that many people feel unsafe. Our thoughts are particularly with the victims and their friends and families. Does the Minister agree that absconding is not only a serious criminal offence, but a symptom of years of austerity and chronic underfunding that saw our prison system pushed to breaking point?
I totally agree with my hon. Friend. This is just another symptom of the crisis we inherited in our criminal justice system. Whether prisons, courts or probation, every single aspect of the system was at breaking point following 14 years of underfunding and mismanagement by the Conservative party. We are working as quickly as we can to bring back to justice the two prisoners who absconded. My thoughts are with the victims. We have made contact with two of the victims and their families via the victim contact scheme. I encourage the public to get behind the police’s public appeal to bring those prisoners to justice.
Sarah Pochin (Runcorn and Helsby) (Reform)
What steps are being taken to ensure that prisons are adequately staffed with properly trained and equipped guards, and that IT systems receive long-overdue updates, to ensure that there are no further escapes across the whole prison network?
The hon. Lady is correct. We are investing in the IT systems in our prisons, which are needed to reduce releases in error, and in the brilliant and brave men and women who serve on the frontline as prison officers, day in, day out in very difficult conditions. They have been chronically underfunded for the past 14 years. They are brilliant servicepeople and they deserve our praise—I pay tribute to them. They are working in difficult conditions, but we are investing in them and in the technology that will help them in their everyday job.
Emily Darlington (Milton Keynes Central) (Lab)
Some Opposition spokespeople clearly think that it is still pantomime season; they should take this issue with the seriousness that it deserves.
What is the consequence for absconding from an open prison? Being in an open prison is a privilege, as part of rehabilitation; it is not the right of any prisoner to be there.
That is a good point. The prisoners who have absconded were at the end of their sentences. They were working through rehabilitation in order to reintegrate into society. They have let themselves, their families and the victims down. They have basically come to the end of the marathon—the final mile—and let themselves down. They will now be returned to closed conditions, and could, if the courts determine it appropriate, have more time added to their sentences, but we must be careful in discussing ongoing cases.
Blake Stephenson (Mid Bedfordshire) (Con)
With two dangerous offenders on the run, many of our constituents will rightly be very concerned and worried. Will the Minister explain what resources are being deployed to capture those offenders as soon as possible?
When a prisoner absconds from open conditions, the prison must notify the police immediately, so that officers can locate the individual and return them to custody. Local governors have good working relationships with their local police forces and maintain constant communication about efforts to locate prisoners who are at large, including on whether to launch a public appeal. The hon. Gentleman will be aware that the police launched a public appeal on 3 January to assist them in locating the prisoners. I encourage any member of the public who spots the prisoners not to approach them but to alert the local police so that we can bring them back into custody.
Perran Moon (Camborne and Redruth) (Lab)
Once again, the Opposition have clearly absconded from reality. Will the Minister remind the House what the previous Government—of which the shadow Secretary of State, the right hon. Member for Newark (Robert Jenrick), was part—actually did to clamp down on absconds?
Nothing—absolutely nothing. Absconds decreased under the previous Labour Government, and that trend carried on under the Tories until they failed—they have the poorest ever record. The number is down 2% on last year. The Conservatives’ failure to get to grips with this, fund our prisons and probation system effectively, and deal with the crumbling infrastructure of our prisons system has resulted in this crisis in our prisons. The Labour party is getting on with the job of cleaning up their mess.
Ben Obese-Jecty (Huntingdon) (Con)
The Minister is keen to take credit for the reduced rate of absconsions. What specific steps have the Government taken to reduce that rate? Will she reassure the public that every single one of the 57 prisoners who absconded—less the two currently at large—have been re-apprehended?
I congratulate the hon. Member on his happy news over the Christmas break. It is lovely for us to have some positive news to celebrate in this place.
In April 2025, the Government introduced changes to the eligibility for open conditions from three years to five. We also strengthened mandatory checks in offender assessment system reviews and victim liaison officer notifications, and introduced mandatory seven-day transfer reviews and mandatory security inputting. We upped the assessments necessary for a prisoner to be moved into open prison. We are reducing the number of absconsions—there has been a 2% decrease on last year, as I said—and we hope to go further. Open conditions work; they are about rehabilitation. Tagging also works, which is why we are investing £700 million in probation to increase tagging and probation.
As for the 57 prisoners, I do not have those figures to hand, but I will happily write to the hon. Gentleman with them.
Chris Vince (Harlow) (Lab/Co-op)
As a former maths teacher, I would be very interested to see the trends with regard to absconsions and the moving average over a period of time. However, ultimately one absconsion by a dangerous criminal is one too many. More specifically, what is the Minister doing to support and train prison staff to ensure they understand the system and the increased checks that she mentioned?
I welcome that positive question. My hon. Friend is right that this this is going to take all of us working together across the prison system—everyone in His Majesty’s Prison and Probation Service. I again pay tribute to our brilliant staff who are working on the frontline in very difficult, challenging conditions every single day in an underfunded, chronically in chaos prison system that we are having to rebuild literally brick by brick. Our staff are our biggest asset in this, and we are working with them and the trade unions to make sure they have all the equipment, tools and training necessary to ensure that the number of absconsions comes down.
Claire Young (Thornbury and Yate) (LD)
My constituents are concerned that high-risk violent prisoners are increasingly being placed in Leyhill open prison, putting local residents at risk when they abscond. Will the Minister review the process for assessing prisoners prior to a move? With new rapid deployment cells expected to be online at Leyhill by the summer, will she also meet me to discuss what steps the Government are taking to ensure that those cells will not be used for high-risk prisoners, and to increase security to prevent escapes?
The hon. Lady will be aware that the policy regarding recommendations for moving to an open prison is handled by the independent Parole Board. That is a policy that has been carried out by successive Governments. I will ensure that she receives a meeting with the appropriate Minister to discuss her concerns further, and a review into the absconsions at HMP Leyhill will be done within 20 days.