Short Prison Sentences to be Scrapped in Major Sentencing Overhaul

The government is poised to introduce one of the largest overhauls of sentencing in a generation, with new laws expected within weeks that will abolish most short-term prison sentences and significantly toughen community punishments.

The new legislation, which is understood to be timetabled for introduction in the House of Commons after the summer recess in September, marks a cornerstone of the government's strategy to reduce the dangerously high prison population in England and Wales.

Under the sweeping reforms, prison sentences of 12 months or less will be scrapped for most offences. Exceptions will be made for certain crimes, such as cases of domestic abuse, where a custodial sentence may still be deemed necessary.

In a move inspired by a model used in Texas to successfully cut crime and control prison numbers, the bill will also introduce an 'earned release' scheme. This system will allow prisoners who demonstrate good behaviour to be freed earlier, while those who disobey prison rules or fail to engage with rehabilitation will be detained for longer. This scheme will apply to some prisoners jailed for violent offences, though those convicted of the most dangerous crimes and terrorism-related offences will be excluded.

The Justice Secretary is believed to have been influenced by the success of the earned release model during a recent visit to the United States, seeing it as a viable way to incentivise reform among inmates.

Alongside the changes to custodial sentences, the legislation aims to make punishments served in the community more robust and restrictive. Judges will be given a wider array of tools to punish offenders, including:

Exclusion Zones: Banning offenders from visiting pubs, or attending sports stadiums and music events.
Travel Bans: Prohibiting offenders from driving or using public transport.
Geographic Restrictions: Confining offenders to specific areas.
Increased Drug Testing: Wider use of mandatory drug tests for those on community orders.

While some of these measures can already be imposed for specific crimes, the new laws will empower judges to hand them down for any offence they see fit, creating more tailored and stringent community sentences.

Furthermore, the maximum length of a suspended sentence — where an offender avoids immediate imprisonment on the condition they do not commit another crime — will be extended from two years to three, providing a longer-term deterrent.

Many of the proposals originate from an independent sentencing review carried out earlier this year by former Conservative justice minister David Gauke. The forthcoming bill is expected to implement many of its key recommendations, signalling a significant shift in government policy towards rehabilitation and managing the prison crisis.