Coronavirus In Prisons: Should Inmates Be Released To Stop The Spread?

In the current climate of social lockdown, how should the government tackle the environments in which social distancing is not possible? BCL's Bethan Cowlam discusses Coronavirus's impact on the UK prison system.

In the wake of the first death of a British inmate who had contracted coronavirus at HMP Littlehey, the government updated its guidance for prisons in England and Wales. They outlined measures of personal protective equipment (PPE) for staff, and protective isolation and 'cohorting' (the gathering of potentially infected individuals into a certain area) of inmates. The guidance also states that only severely unwell individuals should be transferred to a healthcare facility; those who are clinically well enough to remain in prison should do so.

Until very recently, there had been no indication from the government that any inmates were to be granted temporary / early release or bail on the grounds of the virus. It was well publicised that a court refused a bail application from Julian Assange, the WikiLeaks founder who is residing in HMP Belmarsh, despite the representations made about his vulnerability to contracting the virus.

This changed on Tuesday (31 March) with the following announcement from the government:

"Pregnant women in custody who do not pose a high risk of harm to the public will be temporarily released from prison within days to protect them and their unborn children from coronavirus. Prisoners in Mother and Baby Units meeting the same risk assessment will also be released with their children...

Those who will be released will be assessed before they leave prison to ensure they are a low risk to the public. They will also be subject to licence conditions, including a requirement to stay at home, and wear an electronic tag, where appropriate. They can be immediately recalled to prison for breaching these conditions or committing further offences."

There are 35 pregnant prisoners and 34 in Mother and Baby Units in England and Wales, all of whom will be assessed for release. Presumably, the next step is to extend this policy to others at particular risk from the virus, such as elderly inmates and those with pre-existing health conditions, but it is understandable that the government has not been quick to turn to this as a solution.

Even in...