The UK is making big changes to criminal sentences and jail time – what you should know

Uk Court

The government has announced new reforms that will end the prison crisis, which it says threatens the complete breakdown of law and order on Britain’s streets.

The review, published on Thursday (22 May) by former Justice Secretary David Gauke, recommends a comprehensive overhaul of sentencing, ensuring jails never run out of space again and dangerous offenders can be kept off the streets.

The majority of the recommendations have been accepted today in principle, with a Sentencing Bill due in the coming months, the government said.

One key change will be a new “earned progression model” that will see prisoners earn their way to release through good behaviour or face longer in jail. There will be no automatic release for prisoners who misbehave.

The changes mean:

  • A prisoner’s release date will now be more dependent on their behaviour. We want to reduce violence in prison and make sure more prisoners engage with activities like education and employment that will reduce crime.
  • All offenders on standard determinate sentences will spend at least one-third of their sentence behind bars and have to earn their release at this point or face longer behind bars for bad behaviour.
  • The government expects most offenders on these sentences to be released between 33%-50 %, but there is no upper limit, and the very worst-behaved offenders could spend longer in prison.
  • Those serving standard determinate sentences for more serious offences will serve at least half in prison.
  • Earlier deportation of foreign national offenders who are blocking up jails – removing foreign prisoners who have already served 30% of their custodial term, down from 50%. The Government will also work up plans to remove foreign prisoners serving less than three years as soon as possible after their sentencing.
  • A presumption against custodial sentences of less than a year, in favour of tough community sentences that better punish offenders and stop them reoffending. Currently, almost 60 per cent of those receiving a prison sentence of 12 months or less reoffend within a year. Judges will still retain the power to hand down sentences of 12 months or less to offenders who have breached a court order, including restraining orders and Domestic Abuse Protection Orders, and in exceptional circumstances.
  • Greater use of curfews and exclusion zones to deliver tougher supervision than ever on criminals.
  • Exploring wider powers for judges to punish offenders by blocking them from attending football matches, banning them from driving or travelling abroad through an expansion of ‘ancillary orders’.
  • More Intensive Supervision Courts to tackle the root causes of crime, such as alcohol and drug abuse, forcing repeat offenders to take part in tough treatment programmes or face prison.

To enforce this approach, the government will introduce a tougher adjudication regime so that bad behaviour in prisons is properly punished.

When released, offenders will enter a new period of ‘intensive supervision’ which will see tens of thousands more offenders tagged and many more placed under home detention.

To support the Probation Service, the government will significantly increase its funding by around 45% by the final year of the spending review period. This means the annual budget of around £1.6 billion today will rise by up to £700 million by 2028/29.

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