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The point is that Conservatives are proposing a lot of big changes to deal with it. Labour has 13 wasted years and their Human Rights act has been a monstrosity, replacing that with an alternative Bill of Rights is designed to provide some much needed common sense.
The reason the prisons are overflowing is because of the HRA they have had to make prison more comfortable and do things like reducing numbers to a cell and to end slopping out. They also did not plan for any increase in the prison population and cancelled a prison building programme (though I believe that has been resurrected since).
The fact is that Labour are soft on criminals and always have been.
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