Justice Must Be Fair and Consistent [Pt.1]

Workers across England and Wales should be able to trust the justice system. The Right to Protest Must Be Protected!

For a Trade Union like the Workers of England Union, that is fundamental. Workers must have confidence that convicted offenders will receive appropriate punishment. That means knowing that people convicted of crimes will receive appropriate punishment, victims will be protected, prisoners will be properly supervised when released, and everyone appearing before the courts will be treated fairly and consistently.

Recent events raise serious questions about that confidence and the scale of the problem cannot be ignored. Around 700 prisoners were released early on 1 October, with thousands more expected to follow. Government estimates indicate around 4,500 additional prisoners will be released in stages between October 2026 and June 2027, with approximately 2,550 expected to have been released by the end of this year.

Immediately before the scheme began, the prison population in England and Wales stood at 87,499, around 98% of usable capacity.

These figures raise a much bigger question about how successive governments have managed the prison and justice system. There are also serious questions about what happens after release. A homelessness charity in Leeds reported encountering prisoners released with nowhere suitable to go, with some reportedly considering further offending simply to get themselves back into prison.

That is not rehabilitation.

Releasing somebody early without proper accommodation, supervision and support risks failing victims, the public, the prisoner and workers in our police, probation, prisons, health, housing and voluntary services.

Yet there is another side to this debate that Trade Unions cannot ignore.

While convicted prisoners are being released early, people who have not been convicted can be held in prison on remand, including people charged following demonstrations.

The WEU does not defend violence, intimidation or criminal damage. Criminal offences must be dealt with according to law. But arrest is not conviction. Charge is not conviction. Remand is not a sentence.

Stephen Morris, General Secretary of the Workers of England Union, said:

“How did we get into this state? Successive governments have known about overcrowding, prison capacity, probation pressures and court delays for years.

“Workers are entitled to ask how convicted prisoners can be released early because there is no room for them, while people who have not been convicted can remain imprisoned awaiting trial.

“Whether we agree with their demonstration or completely disagree with it is irrelevant. Workers must be able to trust the justice system and trust that their right to demonstrate peacefully will be protected.”

This is particularly important for Trade Unions.

Marching, organising and demonstrating have played an enormous part in winning workers the freedoms they possess today. History also warns us what can happen when workers lose confidence that those freedoms will be protected.

Peterloo and the Tolpuddle Martyrs provide two of the clearest warnings. In Part Two, we look at what happened and why their experiences still matter to workers across England today.

Key Takeaways

• Prison Capacity Crisis: Early release plans cover ~4,500 prisoners through June 2027 as England and Wales prison capacity reaches 98%.
• Inadequate Rehabilitation Support: Concerns raised regarding released prisoners lacking housing and supervision, risking reoffending and failing public services.
• Remand vs. Early Release Contradiction: WEU highlights the contrast between early release of convicted criminals and holding unconvicted protestors on remand.
• Defending Freedom to Protest: Trade union rights and worker freedoms depend on consistent, fair justice and protected peaceful demonstration.