Devolution is the solution to fix Wales’ broken criminal justice system

Elizabeth Roberts ©House of Commons

As devolved nations, both Scotland and Northern Ireland have full control over their own justice systems. Wales, however, remains an outlier, with Westminster’s continued grip on our criminal justice system denying us the parity of powers afforded to other parts of the UK. Plaid Cymru believes Wales should be treated with the same fairness, but we aren’t calling for devolution just for the sake of it. It’s a necessary step in fixing a broken system that’s failing people and communities across Wales every single day.

Plaid Cymru has consistently argued that only through the full devolution of the criminal justice system can Wales begin to address the deep-rooted structural problems that fail to protect the safety and welfare of victims, survivors and their families. Many of the key levers for reducing crime – including health, housing, education and social care – have been devolved to the Senedd for over 26 years. Keeping justice powers in Westminster fragments responsibility and weakens accountability.

As the MP for Dwyfor Meirionnydd, I am regularly contacted about failures within Wales’ justice system in Wales, but the story of 22-year-old Gwenno Ephraim of Blaenau Ffestiniog is particularly harrowing. Gwenno experienced serious mental health problems from the age of 16 and had been in and out of hospital as a result. In 2024, Gwenno assaulted a nurse while in the mental health ward at Ysbyty Gwynedd, Hergest, and was sentenced to 44 weeks in prison. She was sent over 100 miles away to HMP Styal, outside Manchester, because Wales has no prison, secure accommodation or approved premises for women. Promises of a women’s residential centre in Swansea have been in the air since 2018, yet nothing of its kind has been delivered.

This is exactly the kind of systemic failure that devolution could address. With full control, Wales could finally deliver women’s residential centres and expand the use of community-based sentences. Despite not having a female prison, Wales has the third highest incarceration rate for women in western Europe. Like Gwenno, Welsh women are sent to prisons all across England, most often to HMP Styal and HMP Eastwood Park in Gloucestershire. Last year, around 30% of prisoners from Wales, both men and women, were held across 109 prisons in England, away from their families, support networks, culture and, in some cases, their first language, as was exactly the case for Gwenno. Being held in unfamiliar and unsettling conditions makes it much harder for prisoners to reintegrate into society after release and build a life free from crime.

After offending, Gwenno was in and out of prison eight times between January and July 2025. Sadly, this isn’t unusual. High recall rates of ex-offenders reflect an overstretched and underfunded probation system – the result of political choices made by Westminster. Devolving justice would allow Wales to design a probation system that is locally managed, commissioned, and delivered with an emphasis on rehabilitation and long-term desistance. Crucially, it would enable meaningful collaboration between probation services and devolved areas such as health, housing and local government.

Yet, the UK Government continues to ignore the Thomas Commission’s 2019 recommendations to devolve policing and probation to Wales. Lord Thomas of Cwmgiedd, one of the most respected figures in the lgeal profession and former Lord Chief Justice of England and Wales, chaired this commission and concluded that the current settlement was unsustainable. Yet, while Westminster insists it knows best, my colleague, Plaid Cymru peer Baroness Smith of Llanfaes has been working closely with Lord Thomas on his amendments to the Sentencing Bill calling for devolution. Although repeatedly dismissed by the UK Government, Baroness Smith won’t give up and will also be tabling amendments to the Crime and Policing Bill over the coming weeks pressing for the devolution of policing and youth justice.

The UK Government’s plan to abolish Police and Crime Commissioners (PCCs) in England and Wales makes this intervention timely. Plaid Cymru opposed PCCs from the start, and their abolition only strengthens the case for devolution. While PCC responsibilities will transfer to mayoral authorities in England, Wales has no equivalent structures, leaving the future of these powers unclear. This is the moment to devolve policing to the Senedd, ensuring Wales can take responsibility for its own public safety. It cannot be right that devolved English regions such as Greater Manchester exercise more control than Wales.

Recent proposals to scrap jury trials for offences carrying sentences of less than three years further underline the problem. Delays in the court system are far more acute in England than in Wales and there is little evidence this change would address the pressures in Welsh Crown Courts. However, because Wales remains tied to England’s justice system, we risk having reforms imposed on us and bear the consequences of decisions made to suit England.

At one time, calls for justice devolution didn’t come from Plaid Cymru alone. Welsh Labour’s 2021 manifesto committed to “pursue the case for the devolution of policing and justice, as set out by the Thomas Commission.” Yet Westminster Labour now appears to row back on that promise, with the Secretary of State for Wales claiming full devolution is “not on the agenda.” This is impossible to justify when three independent commissions have all found the current settlement unsustainable and recommended devolution. It is a genuine opportunity to build a fairer, more effective system for Wales and if that is of no interest for the Welsh Secretary, it raises serious questions about whose interests she’s serving.

Gwenno Ephraim’s story shows how fundamentally the system can fail people. On 7 August 2025, North Wales Police issued a missing person appeal. Gwenno was last seen in Bangor on 28 July, and CCTV recordings show that she reached the Menai Suspension Bridge that night. She hasn’t been seen since. Gwenno was failed by the state, and far too many others in Wales face the same neglect. Wales needs a justice system that works for its people, keeping communities safe, supporting victims and survivors, and giving individuals like Gwenno a real chance to rebuild their lives. Plaid Cymru will continue to fight for justice devolution because it’s what the people of Wales deserve.

Liz Saville Roberts MP

The Rt Hon Liz Saville Roberts is the Plaid Cymru MP for Dwyfor Meirionnydd, and was elected in May 2015.