Sex offenders and violent criminals could be freed from prison after serving half their sentence under radical plans to overhaul the justice system.
The recommendations from former Tory justice secretary David Gauke could see criminals who have committed violent or sexual crimes, and are sentenced to more than four years, released on parole at the halfway point.
Under the plans inspired by reforms in Texas, well-behaved prisoners serving sentences of less than four years could also be released after a third of their term in a bid to free up much-needed space in overcrowded jails.
The review was commissioned by justice secretary Shabana Mahmood after she was forced to release thousands of prisoners in her first few weeks of government to “avert disaster” and ensure prisons did not run out of space.
Mr Gauke, whose recommendations were published on Thursday, insisted the scale of the overcrowding crisis means the reforms are essential so that the justice system moves away from an “overreliance on custody”.
“The scale of the crisis we are in cannot be understated. Overcrowded prisons are leading to dangerous conditions for staff and contributing to high levels of reoffending. We cannot build our way out of it. To stabilise the prison system and end the dangerous cycle of emergency releases the government must take decisive action,” he said.
In a recommendation likely to be rejected by Ms Mahmood, Mr Gauke also said dangerous offenders on so-called extended determinate sentences should be eligible to apply for parole at the halfway point – instead of two-thirds as it currently stands – if they earn “credits” by engaging in rehabilitation activities in prison. But they would only be released if the parole board deemed them safe.
Meanwhile, sentences of less than 12 months should only be used in exceptional circumstances, he said, while the use of deferred sentences should be increased for low-risk offenders with high needs, such as pregnant women.
But he warned there needed to be greater investment in the Probation Service, as well as technology, such as electronic monitoring.
In a recommendation that will be seen as a victory for campaigners, the review says domestic abuse should be recognised in the criminal system for the first time as a factor in a conviction. This will mean those found guilty will need to meet more stringent checks for early release.
Victims of rape would also be given a transcript of sentencing remarks free of charge, scrapping the current £1,000 fee.
Mr Gauke said the proposals would not only bring the prison population under control but was about “reducing reoffending and ensuring victims are protected”.
Last week, the government announced emergency plans to release some criminals on recall earlier to free up around 1,400 prison places amid warnings that there will be no space left in male prisons by November. The move sparked a backlash over concerns for victims and public safety.
“Taken as a package, these measures should ensure the government is never again in a position where it is forced to rely on the emergency release of prisoners. I urge the Lord Chancellor and prime minister to act with bravery in their response,” he said.
Former chief inspector of prisons Nick Hardwick welcomed the proposals as “very positive” and “sensible” measures which “will take some pressure out of the system and enable it to focus on people who need much more focused attention”.
And the National Association for the Care and Rehabilitation of Offenders (Nacro)’s head of policy Andrea Coady said a new approach to rehabilitation is “desperately needed”.
But she told The Independent: “Rewarding those who engage with the rehabilitation process seems like a no-brainer but we are concerned that as it stands, the prison system is not set up to deliver this.”
Ms Mahmood is expected to accept most of the proposals, in principle, with further detail to follow in a future sentencing bill. It is understood she will not accept the recommendation to introduce earned, earlier release for the most dangerous offenders.
But already there has been a backlash from opposition parties.
Tory shadow justice secretary Robert Jenrick said: “If Starmer proceeds with halving sentences for dangerous offenders like killers, rapists and paedophiles that would be a slap in the face for victims. These people must be properly punished and locked up so they can’t terrorise communities.” He suggested that the crisis of overcrowding could be averted by deporting foreign criminals.
The review has had a warmer response from the Lib Dems after Mr Gauke accepted pleas from justice spokesman Josh Babarinde on recognising domestic abuse in sentencing, and Sarah Olney on dropping the £1,000 fee for sentencing transcripts.
Mr Babarinde said: “Having grown up in a home where domestic abuse was rife, it means so much to have secured these wins from the government by working alongside them, fellow victims and survivors of abuse, and victim charities for many months.”
Ms Olney said: ““A transcript of the judge’s sentencing remarks is essential in providing clarity, and supporting victims. It is shocking that some victims have been cruelly charged thousands of pounds for a transcript about their own case- which is already traumatising enough.”
Campaign group The Howard League for Penal Reform described the review as “vital” but warned that any changes will only be successful if the probation service is given more investment and wider reform.
The Magistrates’ Association hailed the review’s “fresh approach” to sentencing and said it welcomed the move to avoid jail terms of less than 12 months. A statement said: “They are counter-productive for many offenders and rarely effective in reducing reoffending – which is why for magistrates, custody is already a last resort.”
The review follows last week’s government announcement of a £4.7bn investment in prison infrastructure across the spending review period, putting it on track to deliver its commitment of 14,000 new prison places by 2031. The new government has opened 2,400 new places since taking office.
But the justice secretary admitted last week that we “cannot build our way out of this crisis”, adding the prison population is increasing by 3,000 each year – the equivalent of two entire prisons.
A spokesman for the justice secretary said: “The government welcomes the Independent Sentencing Review’s report and thanks David Gauke and his fellow reviewers for their work.
“The justice secretary will provide the government’s response in a statement to the House of Commons today.”
She will also today confirm that annual funding for probation will rise by up to £700 million by the final year of the spending review – up from a £1.4 billion budget today.
