Ministers will legislate next month to abolish most short prison sentences, toughen community punishments and introduce a Texas-inspired early release scheme, in what is described as the biggest shake-up in sentencing laws in England and Wales for three decades. The legislation is expected to be brought before Parliament once MPs return to the Commons in September, with the justice secretary, Shabana Mahmood, keen to implement changes before prisons face another capacity crunch next summer.
The central reform is an 'earned progression model' for prisoners serving fixed-term sentences, allowing them to earn early release after serving between a third and half of their sentence. The most dangerous criminals and those convicted of terror-related offences will be excluded. The scheme is modelled on a system in Texas, which Mahmood visited earlier this year.
The bill will also end short sentences of less than 12 months, barring exceptional circumstances, with ministers arguing they are counterproductive. Ministry of Justice data shows that for the prison cohort of July to September 2023, 62% of inmates released after serving sentences of less than 12 months went on to reoffend.
Community punishments will be toughened by giving courts greater flexibility to impose fines, seize assets and introduce bans on travel, driving and attending football matches. Mahmood wants an expansion in unpaid work, with councils able to assign offenders jobs such as filling potholes and removing graffiti. Suspended sentences will be allowed for up to three years instead of two, and used more for low-risk offenders with high needs.
Other measures include limiting the movement of sexual and violent offenders upon release through 'restriction zones' policed with technology and enhanced tagging, deporting most foreign criminals immediately after conviction rather than partway through their sentences, and pressing ahead with a voluntary chemical castration system for sex offenders, which is being piloted in two regions.
A government spokesperson said the prison system was 'days away from collapse' when Labour took power, and stressed the need for reform: 'We are building 14,000 more prison places – with 2,500 already delivered – but we know we can’t build our way out of this crisis.' England and Wales have the highest per capita prison population in western Europe, and without action, prisons could run out of space again by spring.
