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.
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.
“We have an opportunity now to reshape and redesign what punishment outside of a prison looks like,” Ms Mahmood said.
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.
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.
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 said: “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% 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 of next year. The results of the review are expected to take effect by March 2026 at the earliest.
Mr 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 Prison Reform Trust said Mr Gauke would step down as a trustee from the charity while he is chairing the review.
The trust said the average prison sentence for serious, indictable offences is now 62.4 months — almost two years longer than in 2010.
Mr Gauke told the BBC the last three decades had seen “governments of all colours have been very quick to announce new and longer prison sentences, and not so quick to expand prison capacity.
“It is the case that the prison population is growing faster than we can build prisons,” he said.
Mr Gauke added his role would explore whether new technology could play a bigger role in punishment and rehabilitation outside prison.
“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,” he said.
“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.
