New laws to curb short prison sentences expected within weeks

New legislation aimed at cutting the use of short prison terms and strengthening community punishments will be unveiled within weeks.

The measures are designed to ease the prison overcrowding crisis and will include a Texan-style earned release scheme, allowing well-behaved inmates to leave custody earlier. At the same time, tougher community sentences could see offenders banned from pubs, concerts, or sports grounds.

The sentencing bill, due after MPs return in September, will implement many recommendations from a review led by former justice secretary David Gauke.

Short sentences restricted

The plans will restrict prison terms of under 12 months, except in exceptional cases such as domestic abuse. They will also extend suspended sentences from two years to three.

Under Gauke’s “earned progression model,” inmates who follow prison rules can secure earlier release, while those who break them will serve longer terms.

Justice Secretary Shabana Mahmood, who observed a similar scheme in Texas, said it helped cut crime and bring prison numbers under control.

Government stance

A Ministry of Justice spokesperson said:

“This Government inherited a prisons 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 cancel arrests.”

The spokesperson added that sentencing reforms are central to keeping enough prison capacity available to protect the public.

Greater community restrictions

Courts in England and Wales will gain new powers to impose strict conditions on community or suspended sentences. Possible penalties include:

Driving bans
Travel restrictions
Exclusion zones confining offenders to specific areas

Breaking these conditions could see offenders hauled back before a judge and given tougher punishments.

Similar restrictions would apply to offenders released on licence, with mandatory drug testing expanded to cover all prisoners freed from custody.

Justice Secretary’s message

“When criminals break society’s rules, they must be punished,” Mahmood said.
“Those serving their sentences in the community must have their freedom restricted there too.
These new punishments should remind all offenders that, under this Government, crime does not pay. The public expects us to do everything possible to keep Britain safe, and that’s what we’re doing.”

The legislation will be brought forward soon, with probation officers tasked with monitoring offenders and enforcing new conditions.