Judges could place criminals under house arrest instead of sending them to prison, under a major overhaul of sentencing policy
Lord Chancellor Shabana Mahmood launched an independent sentencing review this week into alternative approaches to criminal justice and the use of non-custodial sentences as a means to end the prisons crisis. Chaired by former justice secretary David Gauke, it will look at evidence from the US and other countries on what works, including technology to place offenders in a ‘prison outside prison’.
The review will look into potential rehabilitation programmes, review the impact of short custodial sentences, look at what happens to offenders on release, and consider specific sentencing for offences committed against women and girls.
Gauke said the review would ‘explore what punishment and rehabilitation should look like in the 21st century’.
The launch coincided with the early release of 1,100 prisoners serving five-year sentences or above, in order to free up prison places. The prison population has roughly doubled in the past 30 years, while nearly 90% of prisoners go on to reoffend.
Lawyers welcomed the review, which is due to report back to the Lord Chancellor by spring 2025.
Sam Townend KC, chair of the Bar Council, said: ‘One of the real drags on seeking to get the Crown Court backlogs down and to ensure swift efficient justice has been the mismatch of ever heavier prison sentences and inadequate prison places to meet the imposed demand.
‘Measures to speed up the Crown Courts have previously been thwarted due to the lack of prison spaces.’
Law Society president Richard Atkinson said it was ‘high time for an examination of alternatives to the use of custody’ but added that court backlogs and a lack of lawyers also caused prison overcrowding.
Pavan Dhaliwal, chief executive of criminal justice charity Revolving Doors, said: ‘Far too many people are in overcrowded prisons on hugely costly and ineffective short sentences not because they pose a danger to society, but because their health and social needs—relating to substance misuse, mental health, homelessness and for many women, domestic abuse—remain unmet.’
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