New sentencing review will address UK's prison overcrowding

The government has announced plans to launch a sentencing review to introduce tougher punishments for offenders that don't involve jail time, in an effort to ease prison overcrowding.

Justice secretary Shabana Mahmood is launching the review today, coinciding with the release of approximately 1,100 inmates under a policy designed to free up space in prisons.

The review, led by ex-justice secretary David Gauke, will look into alternative sanctions while ensuring that the most dangerous criminals remain behind bars. Ms Mahmood said: "We have an opportunity now to reshape and redesign what punishment outside of a prison looks like."

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The review will explore the use of technology to create a "prison outside prison" and mandate community work for offenders as a way to contribute positively to society.

The government said it is looking to foreign jurisdictions for ideas about how this could work, such as in Texas, where authorities have used good behaviour credits.

Potential non-custodial measures could include "nudge" technology, sobriety tags, or home detention curfews, with nudge watches or apps potentially being employed to ensure offenders adhere to their restrictions.

A senior prison service source said: "We are particularly interested in nudge technology, like a wristwatch that says: ‘Have you got in touch with your probation officer? Have you turned up at your mental health treatment appointment? ’ They’re not things that restrict your liberty, but they are very helpful in terms of behaviour compliance and nudge compliance."

Community alternatives and fines instead of prison time will be examined, as will the impact of short custodial sentences. The review will also consider whether more can be done to tackle prolific offending and crimes committed against women and girls by drawing sentences that reflect the severity of the act.

Ms Mahmood commented: "We want the review to consider the broader framework when it comes to sentencing, particularly because in order to meet our commitment on halving the levels of violence against women and girls."

"Obviously, sentencing time in prison has a role to play, but prevention has a big role to play as well.

"I would fully be expecting them to be looking at sex offenders and sex offences within the scope of this review."

Ms Mahmood announced plans in July to temporarily reduce how much of their sentences inmates must serve behind bars from 50 per cent to 40 per cent as the Ministry of Justice said overcrowding had pushed jails to the “point of collapse”.

The initial wave of prisoner releases across England and Wales began on September 10, with around 1,700 individuals being freed. The latest round of releases, starting today, has broadened the criteria to encompass those serving sentences of five years or more.

Prisons are anticipated to hit critical capacity once again by July. While the number of prison spaces varies, it is believed that there are approximately 89,000 in total.

The government has pledged to create an additional 14,000 prison spaces. The sentencing review's findings are due to be presented by next Spring, with the outcomes expected to be implemented by March 2026 at the earliest.

Mr Gauke commented: "Clearly, our prisons are not working. The prison population is increasing by around 4,500 every year, and nearly 90% of those sentenced to custody are re-offenders.

"This review will explore what punishment and rehabilitation should look like in the 21st century, and how we can move our justice system out of crisis and towards a long-term, sustainable future."

In 2019, while serving as justice secretary, Mr Gauke contended that there is a "very strong case" for abolishing jail terms of six months or less, except for violent and sexual offences.

The Prison Reform Trust announced that Mr Gauke would resign from his position as a trustee of the charity during his tenure as chair of the review.

According to the trust, the average prison sentence for serious indictable offences currently stands at 62.4 months — which is nearly two years longer than it was in 2010.

Mr Gauke told the BBC that for the past thirty years, "governments of all colours have been very quick to announce new and longer prison sentences, and not so quick to expand prison capacity."

He noted the challenge of a growing prison population outpacing the construction of new facilities. Additionally, Mr Gauke said his role would involve examining how advanced technology could enhance punishment and rehabilitation efforts outside of incarceration.

He said: “We now have access to electronic tagging that is more sophisticated than was the case in the past, we can do drink and drug monitoring.

“I think that does raise questions as to whether we can do more with people out of prison. there’s a proper punishment, the public is protected, but they’re better placed to be rehabilitated.”

Speaking to Sky News, Mr Gauke also highlighted a need to focus on lowering rates of recidivism, labelling England among the “highest” in Europe.

“Now is a good opportunity to look at sentencing policy once again,” he said.

Mark Day, deputy director of the Prison Reform Trust, said: “The current capacity crisis has bought our criminal justice system close to collapse. Emergency measures are not a long-term solution. We urgently need to get to grips with runaway sentence inflation which has contributed to chronic levels of overcrowding and driven prison numbers and our use of imprisonment up to an unsustainable level.”

The Law Society welcomed the review, saying: “It is high time for an examination of alternatives to the use of custody, which is an expensive and often counterproductive form of punishment.”

The cost of punishment outside prison is estimated at around £5,000 annually per person compared with more than £50,000 to imprison someone for a year.