The UK government is set to explore the possibility of abolishing short prison sentences as part of a comprehensive review of sentencing practices. This initiative aims to alleviate the growing number of offenders in prisons and could lead to tougher community orders as viable alternatives to incarceration.
Former Justice Secretary David Gauke, a prominent Conservative MP, is reportedly the leading candidate to oversee this review, which is expected to be officially announced later this month. The review is anticipated to present recommendations to ministers by next spring.
In 2019, while serving as justice secretary, Gauke advocated for the elimination of prison terms shorter than six months, arguing that such sentences do little to rehabilitate offenders. The BBC has reached out to Gauke for his insights on this upcoming review.
Current Justice Secretary Shabana Mahmood has expressed a desire to strengthen community sentences, which may involve imposing strict conditions without necessitating prison time. Recent advancements in monitoring technology, such as sobriety tags that track alcohol consumption, could be utilized more broadly to enforce home confinement for offenders.
One government source emphasized that community orders could prove more effective than prison, as they prevent individuals from spending excessive time idle and engaging in substance abuse.
Ministers are also examining successful crime reduction strategies from states like Texas and Louisiana, where inmates can earn sentence reductions through good behavior credits. Additionally, New York’s approach, which allows offenders convicted of drug-related crimes to participate in treatment programs that can lead to charges being dismissed or reduced, is under consideration.
This review comes at a time when UK prisons are grappling with severe overcrowding, reaching record highs. The Labour government is actively seeking solutions to alleviate immediate pressures, having already implemented early release measures to create space. However, further emergency actions will be required next year, with sources indicating that current measures may not suffice, especially following recent prison riots that could exacerbate overcrowding by next summer.
In the long run, ministers aim to explore sentencing reforms that have the potential to decrease crime rates. Eliminating or reducing short sentences could significantly impact the female prison population, as the Prison Reform Trust reported that over half (58%) of jail terms given to women in 2022 were for periods under six months.
Ministry of Justice statistics reveal that more than half (57%) of adults released from sentences shorter than 12 months reoffend. A source from the Ministry noted the government’s intent to encourage the review to focus on evidence-based approaches for effective sentencing.
“Prisons are creating better criminals, not better citizens,” the source stated.
Gauke’s appointment as review head may be controversial, given his centrist stance within the Conservative Party. He has long advocated for a shift away from short prison sentences towards community-based punishments. In contrast, his successor, Robert Buckland, has argued against abolishing such sentences.
Former Chief Justice Lord Woolf believes Gauke would be an excellent choice to lead the review, suggesting that a public inquiry into the penal system may be warranted. He has consistently highlighted the pressing issues of prison overcrowding, citing “sentence inflation” as a primary contributor to the crisis.
“The public wants longer sentences, but they do not realize this approach is counterproductive and costly,” Lord Woolf remarked.
In the ongoing Conservative leadership race, Kemi Badenoch has criticized Labour for making short-sighted decisions that endanger public safety, asserting the need to address the root causes of prison overcrowding. Fellow candidate Robert Jenrick has accused Labour of adopting a lenient stance on crime, advocating for significantly harsher sentences for repeat offenders to safeguard the public.
Previous attempts by Conservative justice secretaries to reform sentencing have often been hindered by political opposition or timing constraints. A proposed measure to suspend custodial sentences of 12 months or less was abandoned due to the upcoming general election.
During Labour’s recent conference, Prisons Minister Lord Timpson emphasized the need for the courts to trust community sentences as effective alternatives to incarceration, indicating that past administrations may not have prioritized evidence-based practices to combat reoffending.
No decisions have been made regarding potential sentencing policy changes, as the government awaits the review’s recommendations. A Ministry of Justice spokesperson confirmed that plans for an independent review focusing on public safety and reducing reoffending are underway, with details on its terms of reference and chair forthcoming.
