Giving Welsh ministers justice powers would cut prisoner numbers, they say

The Welsh government wants powers over justice and policing - but that is unlikely under the current UK government

The number of offenders in prison and the use of short sentences would both be cut if the Welsh government had law-and-order powers, it says.

It claims mental health programmes and support for drug users would replace jail sentences "where appropriate".

Labour wants a Welsh justice system, but Conservatives have rejected the idea.

The Welsh Tories accused Labour ministers of "pandering" to nationalists.

Plaid Cymru, who are in a co-operation agreement with the Welsh government, said the only way to create a fairer justice system was to press for full devolution.

But last week's Welsh Tory conference heard no more powers would be devolved to the Senedd under Boris Johnson.

The UK government said the costs of creating a legal jurisdiction in Wales would not be "justifiable".

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In 2019, the Thomas Commission, led by a former Lord Chief Justice, recommended the devolution of the justice system.

Despite opposition in Westminster, a Welsh government report on Tuesday says the move is "inevitable - so we have a duty to prepare for it".

Explaining the "core components" of how it would work, ministers say they would "give highest priority to tackling the national crisis of male violence against women, and the shockingly low levels of convictions for rape and sexual assault".

Short prison sentences are "counterproductive" and their use would be "significantly reduced", it says.

The paper says there would be fewer people in prison if justice was devolved

The document promises to work for an "anti-racist Wales", making sure people of all ethnic backgrounds are treated equally.

Devolving justice powers would lead, it promises, to "reducing the size of the prison population by pursuing alternatives to custody where appropriate, such as programmes to address mental health issue and support with treatment for drug and alcohol misuse".

Counsel general Mick Antoniw said: "The only sustainable way to improve the justice system is to reduce the number of people coming into contact with it."

A new anti-violence strategy will also be published on Tuesday as part of plans "to make Wales the safest place to be a woman".

Welsh Conservatives' shadow counsel general Mark Isherwood said: "Once again, Labour ministers are demonstrating that their priorities are out of touch, grossly misrepresenting both the UK government's policy agenda, the true cost of their proposals, and replicating the failure of 'the independent commission on justice' to acknowledge the inconvenient realities of the east/west cross-border justice system in Wales.

"While families face an increasing cost of living and Wales' NHS is being run into the ground by successive Labour health ministers, the first minister is, once again, pandering to his nationalist coalition partners."

A Ministry of Justice spokesperson said: "It is our belief that a single jurisdiction is the most effective way to deliver justice across England and Wales and the costs of creating separate jurisdictions would not be justifiable.

"We are continuing to work closely with the Welsh Government to deliver justice in Wales, including the joint work on supporting women and young people, and taking forward some of the recommendations of the Thomas Commission."

Plaid Cymru spokesperson for the constitution and justice, Rhys ab Owen, said: "After twenty years of devolution, it is an anomaly for the Senedd not to have full control of criminal justice matters.

"With inequality built into the heart of our justice system, the only way we can create a fairer and more equal system here in Wales is to press for full devolution of the criminal justice system - to include the police, prisons, probation and the courts.

"Whilst transformational change is difficult when we don't hold all the necessary levers in Wales, that's not to say that meaningful interventions can't still be made, and we welcome the focus on problem-solving justice initiatives based on prevention rather than just retribution."

He added Plaid had "shown its support for the devolution of policing and justice powers through commitments outlined within the Co-operation agreement" with the Welsh government.

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