Criminals sentenced to less than a year behind bars should avoid jail time entirely, according to an independent review commissioned by the Labour justice secretary Shabana Mahmood.
In a bid to tackle the overcrowding crisis besetting Britain’s prisons, it suggests a custodial sentence should not the norm when handing out a sentence of 12 months or less, The Telegraph reported.
The review, chaired by former Tory justice secretary David Gauke, instead suggests that magistrates and judges consider suspended or deferred sentences – as well as community punishments.
That means that offenders will have to commit to treatment plans to address their underlying alcohol or drug issues and do a set amount of community service.
Under the new plans, if criminals reoffend or violate the terms of their sentence then they would be sent to prison.
Gauke proposed a similar idea as justice secretary in a bid to get to grips with the level of reoffending among short-term prisoners.
Nevertheless, the move is likely to spark accusations of ‘soft justice’ from the Tories. Shadow justice secretary Robert Jenrick said he believes ending sentences of under a year would ‘unleash a crime wave’.
‘Letting thousands of criminals off with just a tag or community payback is a recipe for carnage on our streets. They need to be locked up for much longer so they can’t keep reoffending,’ he added.
An independent review commissioned by the Labour justice secretary Shabana Mahmood is set to recommend that criminals sentenced to less than a year behind bars should avoid jail time entirely
The review, chaired by former Tory justice secretary David Gauke, instead suggests that magistrates and judges consider suspended or deferred sentences – as well as community punishments
The sentencing review is in part a response to mass overcrowding in Britain’s prisons, but Ministry of Justice forecasts suggesting jails will run out of space again early next year, despite the opening of a new 1,500-bed jail HMP Millsike (pictured), near York, a month ago
‘Instead of deporting the 10,500 foreign criminals in our jails or reducing the 17,000 individuals on remand awaiting trial, Labour looks set to decriminalise offences.
‘If Shabana Mahmood came to Parliament tomorrow with emergency plans to deport foreign criminals clogging up our jails, we will support her. But she won’t because Starmer has spent his career keeping dangerous foreign criminals in our country.’
Labour’s long-awaited sentencing review is also expected to suggest the biggest-ever reductions in the time prisoners must serve, in exchange for good behaviour while they are behind bars.
In some cases that could see inmates set free after serving only a third of their initial sentence.
A prison overcrowding crisis led the Government to introduce early release for most inmates after they have served 40 per cent of their sentences, and discounts are now likely to be extended even further for some criminals.
A key measure expected to be set out in next week’s report will see convicted offenders handed maximum and minimum sentences by the courts.
Under the minimum sentences, inmates will serve one third if they complete work, training or education in jail, and show good behaviour.
Those who fail to comply will have to serve their maximum terms – which are likely to be beyond the 40 per cent automatic release date currently in force, the Telegraph reported.
Labour’s long-awaited sentencing review is also expected to suggest the biggest-ever reductions in the time prisoners must serve, in exchange for good behaviour while they are behind bars
Justice Secretary Shabana Mahmood at the new HMP Millsike in Full Sutton, East Yorkshire in March
Shabana Mahmood, pictured here at HMP Millsike, has said the new review should come up with ‘tough’ alternatives to sending criminals to jail
Labour’s Justice Secretary Shabana Mahmood, pictured on a visit to new HMP Millsike in March, introduced an early release scheme last year which sees most offenders freed after serving just 40 per cent of their sentence
Labour’s existing early release scheme excludes offenders jailed for sex crimes, terrorism and serious violent crimes carrying more than four years’ imprisonment.
The new proposals – drawn up for Ms Mahmood by former Conservative justice secretary David Gauke – are likely to follow a similar pattern.
It could mean most criminals will benefit from extended sentence discounts, including some violent offenders, fraudsters, drug dealers, burglars and thieves.
Jails in England and Wales were holding 88,087 inmates on Monday, with headroom of 1,355 places.
Ministry of Justice forecasts suggest jails will run out of space again early next year, despite the opening of a new 1,500-bed jail HMP Millsike, near York, a month ago.
Another key reform outlined in the review is the idea of using technology to create ‘digital prisons’ for those under house arrest, The Times reported.
That will involve using electronic tags and other surveillance technology to build out a new three-stage model for prison release.
That will see first stage inmates transferred to a second stage of house arrest for the middle of their sentence before finally being released into the community for the third part once they have been ruled not a threat.
As well as ending shorter sentences, the sentencing review is also pushing the government to embrace intensive supervision courts which involves judges meeting offenders as frequently as every fortnight.
The crumbling London jail of HMP Wandsworth, whose independent monitoring board identified a litany of failings in its annual report in 2024, concluding that ‘the prison is not safe’ and ‘conditions remained inhumane’. However, the watchdog recently reported that governor Andy Davy had ‘brought energy and focus’ to tackling safety and decency at the prison, since taking over the role last summer
The scheme, already in its trial stage, is aimed at rehabilitating low level offenders who have to commit to two-year orders and seek treatment for drink, drugs or mental health issues.
Those on the scheme can be jailed for 28 days for major violations of their license and are cut from the scheme after three strikes.
However, early results have proved positive, with data showing than more than two-thirds (70 per cent) of offenders comply with the program.
The scheme actually has its origins in Conservative policy since it was first introduced by the then-justice secretary Michael Gove in 2015.
