Government launches sentencing review to explore tougher non-prison punishments amid overcrowding crisis

By Flaminia Luck

The Government is launching a sentencing review that will consider options to hand offenders tougher punishments outside of prison as part of efforts to ease overcrowding.

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Justice Secretary Shabana Mahmood is launching the review on Tuesday, the same day that around 1,100 inmates are due to be freed as part of the Government's policy to free up prison space.

The review, chaired by former justice secretary David Gauke, aims to explore tougher punishments outside of prison while making sure there is space to incarcerate the most dangerous offenders.

It will consider using technology to place criminals in a "prison outside prison" and forcing offenders to do work in the community to give back to society.

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

Punishments outside of prison could involve using "nudge" technology, sobriety tags or home detention curfews.

Nudge watches or apps could be used to encourage compliance with conditions imposed on offenders by asking questions such as whether an offender has been in touch with their probation officer or attended a mental health appointment.

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

The first release of around 1,700 prisoners from jails across England and Wales started on September 10.

The latest tranche, starting on Tuesday, has expanded eligibility to include those serving sentences of five years or more.

Prisons are expected to reach critical capacity again by July.

The number of prison spaces fluctuates, but it is understood there are some 89,000 prison spaces in total.

The Government has committed to creating 14,000 additional prison spaces.

The findings of the sentencing review will be submitted by Spring next year. The results of the review are expected to take effect by March 2026 at the earliest.

Independent reviewer David Gauke said: "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."

Mr Gauke argued in 2019, when he was Justice Secretary, that there is a "very strong case" for abolishing jail terms of six months or less, with exceptions made for violent and sexual crimes.

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.