Section 21 places a statutory duty on the Secretary of State to publish, and lay before Parliament, an annual report on prison capacity and repeals section 5 of the Prison Act 1952.
	Subsection (1) imposes a duty on the Secretary of State to prepare and lay before Parliament an annual report on prison capacity.
	Subsection (2) specifies that the report must include:
the number of people in prison and the number of prison places on a specified date or dates in that year; and
projected changes in the number of people in prison and the number of prison places.
	It also allows the Secretary of State to include any other information considered appropriate.
	Subsection (3) requires the Secretary of State to publish the report after it has been laid before Parliament.
	Subsection (4) clarifies that "prison" does not include naval, military or air force prisons.
	Subsection (5) repeals section 5 of the Prison Act 1952 (annual report on prisons) and removes related references in section 43 of that Act. This avoids duplication with the new statutory duty and reflects that other content required in the annual report by section 5 of the Prison Act 1952 is now published through other means.
Part 1: Sentencing Section 21: Annual report relating to prison capacity