Government to scrap most short prison sentences and introduce Texas-style early release scheme
Legislation that includes a Texas-style scheme to reduce jail time is expected to be introduced this year
Ministers will legislate next month to abolish most short prison sentences, strengthen community punishments, and introduce a Texas-inspired system where inmates can earn early release as part of an effort to prevent another prison crisis, The Guardian reports.
Government sources stated that the legislation, which will lead to the most significant overhaul in sentencing laws in England and Wales in three decades, will be introduced once MPs return to the Commons in September.
They noted that Shabana Mahmood, the justice secretary, is aware of the need to implement the changes quickly before prisons experience another capacity crunch next summer.
Thousands of inmates were released after Labour gained power last summer as an emergency measure to address overcrowding.
The sentencing bill will include government-backed measures that were recommended by the former Conservative justice secretary David Gauke in a review in the spring.
The central change will be the introduction of an incentive scheme – or "earned progression model" – for prisoners serving fixed-term sentences to earn early release through good behavior.
Criminals, including some violent offenders, will be able to earn early release after serving between one-third and half of their sentence, although the most dangerous criminals and those convicted of terror-related offenses will be excluded.
The scheme is modeled on a system in place in Texas, which Mahmood visited earlier this year.
The bill will also end short sentences of less than 12 months, except in exceptional circumstances, with ministers arguing that these are counterproductive and lead to more crime.
The latest data released by the Ministry of Justice last month suggested 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.
The government also plans to tighten community punishments by giving courts greater flexibility to impose fines, seize assets, and introduce bans on travel, driving, and attending football matches.
Mahmood wants to expand the use of unpaid work, allowing councils to assign jobs to offenders such as filling potholes and removing graffiti.
Suspended sentences will be extended up to three years instead of two and will be used more for low-risk offenders with high needs, such as pregnant women and people with substance abuse problems.
The bill will include measures to limit the movement of sexual and violent offenders upon release by confining them to specific "restriction zones," monitored using technology and enhanced tagging.
Ministers have also announced plans to deport most foreign criminals immediately after conviction instead of 30% of the way through their sentences. Critics argue this would allow them to evade punishment.
Meanwhile, Mahmood will move forward with a voluntary chemical castration system for sex offenders in England and Wales and is considering the prospect of making it mandatory. The program is being piloted in two regions.
A government spokesperson said: "This government inherited a prison system days away from collapse. That is why 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. Without further action, we will run out of prison places in months, courts would halt trials, and the police would cancel arrests.
"That is why as part of our plan for change, we are overhauling sentencing to ensure we always have the prison places needed to keep the country safe."
England and Wales together hold the highest per capita prison population in Western Europe. Gauke has indicated that without change, prisons could run out of space again by spring.
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