Neil Shastri-Hurst: Hadush Kebatu proves the need for wholesale justice reform

Dr Neil Shastri-Hurst MP is the Conservative Member of Parliament for Solihull West and Shirley. He previously served as a British Army Medical Officer and barrister. 

The mistaken release of Hadush Kebatu, who was convicted of sexual offences shortly after his arrival to the UK via a small boat, was shocking but, unfortunately, not unique. 

Under Labour, mistaken releases have increased by 128 per cent. This explains why the Lord Chancellor, David Lammy, has promised new “tough release checks”. 

It is right to acknowledge that our prisons are under severe pressure, with the estate running close to capacity. In such circumstances, some use of early release may be appropriate as a carefully managed measure to maintain safety and stability. But that must be done with great care and proper judgement. Between September 2024 and June 2025, the Government released 38,042 prisoners early — some after serving as little as 40 per cent of their sentences. Unsurprisingly, recalls are rising, as overstretched staff struggle with heavy caseloads and the uncertainty created by constantly shifting release arrangements. 

The Chief Inspector of Prisons, Charlie Taylor, did not hold back in his recent assessment of Britain’s prison system. He described prisons holding far more people than they were built for; reception areas in chaos which overwhelm junior staff; and education programmes lacking so inmates spend their days lying in bed, watching television, without any meaningful activity. 

What’s worse, drugs are rife. Taylor said it is not unusual for 40 per cent of random drug tests to return positive. We learn these are airdropped via aerial drones. As Taylor concludes, “Drugs cause debt and debt causes violence as failure to pay up results in a beating.” 

This is a system buckling under strain. Yes, the pressures are systemic and have built up over a long period of time, but Labour sought office on the promise of competence. To govern is to choose, and the choices this Government has made reveal its priorities. 

While the Department for Work and Pensions spends over £265 billion a year, the Ministry of Justice receives barely £13 billion – roughly the DWP’s budget for two weeks. If the state can lavish record sums on welfare yet starve the justice system of funds, it is no wonder the foundations of law and order are crumbling. 

Wholesale reform is now unavoidable and although there are certain complexities when it comes to reforming this system, there are some general directional shifts which could be focused on. 

First, redirect funding from the enormous welfare budget into justice capacity so new prisons can be built and existing ones modernised. Without continued and sustained investment, the 10-Year Prison Capacity Strategy, initiated under the previous Conservative government, which pledges 14,000 additional places by 2031, will never be achieved. 

Second, stabilise early release schemes so prisoners are only released conditionally, based on behaviour, training, and rehabilitation outcomes. The idea that carefully considered punishments are regularly cut short due to administrative reasons, arguably undermines the authority of the judiciary itself. The public should have confidence that the punishment handed down by a judge or magistrate is the punishment served. 

Third, digitalise sentence-tracking systems. In an age where everything from financial transactions to health records are digitised, the current reliance on paper-based processes is an archaic relic that invites clerical error. Release dates are often calculated by hand, with staff cross-checking paperwork from the courts, prisons, and probation services. This cannot be right in a 21st century criminal justice system. 

Fourth, expand the number of mental health and addiction specialists within prisons to tackle the root causes of reoffending. Research in an older 2013 Ministry of Justice report found that 76 per cent of released prisoners who reported Class A drug use reoffended, compared with 43 per cent among those who did not. This is a stark reminder of how closely addiction and reoffending are linked. 

Fifth, reform the statutory powers given to HM Inspectorate of Prisons. At present, HM Inspectorate of Prisons can only inspect and report, but cannot enforce change. Nor is there any statutory requirement for how frequently prisons must be reviewed. Some establishments go years without scrutiny, which arguably leads to a lack of oversight. Mandatory inspections would ensure failing prisons cannot slip through the cracks. 

And finally, establish robust anti-drone capabilities across all prisons, including upgraded netting and signal jammers, to stop drugs and contraband flooding in from above. 

Drones are no longer an occasional nuisance but have become a systemic threat. Two men were jailed in October for using drones to make over 50 flight incursions into six prisons across the North West. This has led HM Inspectorate of Prisons to warn that organised crime gangs have in effect seized control of the airspace above facilities like HMP Manchester and HMP Long Lartin. 

Government figures show drone incursions have risen by more than 770 per cent since 2019. Each successful drop fuels the cycle of drugs, debt, and violence that destabilises entire wings. The Government must regain control and invest significantly in measures to counter this threat. 

Britain’s resilience begins with competence, order, and the rule of law. If Ministers cannot maintain justice at home, they cannot credibly claim to provide it abroad. The justice system is not merely another department – it is the foundation of order itself, which is why more investment must be forthcoming.