Politics
Balancing Justice: UK’s New Sentencing Review Aims to Alleviate Overcrowding with Early Releases and Tougher Community Measures
Over 1,000 prisoners slated for early release amid considerations for stricter community-based penalties
In a bid to alleviate overcrowding in prisons, a governmental review of sentencing is looking into the use of technological tools such as sobriety tags, home detention curfews, and nudge technology, which utilize devices like watches and apps to ensure offenders adhere to specific conditions.
Political journalist @Journoamrogers
Tuesday, October 22, 2024, 1:
The government is contemplating stricter penalties that do not involve incarceration as part of an examination of sentencing practices.
The investigation is set to commence on Tuesday, initiated by Justice Secretary Shabana Mahmood, aiming to alleviate congestion within the prison system.
Initiated by ex-Conservative justice secretary David Gauke, the examination is scheduled to commence concurrently with the early release of approximately 1,100 prisoners, a move aimed at alleviating overcrowding in prisons as per government strategy.
Current statistics indicate that there are slightly more than 2,000 available spots in correctional facilities throughout England and Wales, with projections suggesting they will be fully occupied by July.
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The government has announced that Mr. Gauke will investigate more stringent penalties that do not involve imprisonment, while maintaining sufficient space within the system to lock up the most serious offenders.
The options under consideration include fines and community service sentences.
Authorities are exploring strategies from around the world, such as those in the United States, particularly Texas, where credits for positive behavior have been employed to shorten prison terms.
The review will also examine the use of nudge technology, sobriety tags, and home detention curfews, focusing on how watches and apps can help ensure offenders adhere to specific conditions.
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Former Justice Secretary Mr. Gauke, who in 2019 supported the elimination of prison sentences under six months, stated emphatically that "our prisons are not working."
"He added that this review will examine the appropriate forms of punishment and rehabilitation for the modern age, and how we can transition our justice system from a state of crisis to a sustainable long-term future."
Insight: Overhauling the correctional system requires more than just an evaluation
Political Correspondent
Appointing ex-Conservative justice secretary David Gauke to examine prison sentencing appears to be a clever strategy by Labour.
UK correctional facilities have reached capacity, and the early release of some inmates by the new administration faced strong opposition from rival lawmakers.
If a Conservative, who is well-versed in the subject, suggests ways to lower the number of inmates, it provides crucial political support for a policy that might otherwise be difficult to promote to the public and the media.
However, the selection of Mr. Gauke does not mask the fact that the UK's faltering justice system requires financial investment, yet it faces potential reductions in funding in the upcoming budget.
Justice Secretary Shabana Mahmood has been advocating privately and even penned a letter to the prime minister, making a plea for additional funding.
This is due to the fact that recovering from the verge of overcrowded prisons requires far more than simply reevaluating sentencing policies.
Transforming the justice system necessitates reforms in all its flawed areas, including the overburdened probation service, the extensive court delays, and the sluggish pace of constructing new prisons.
Budget reductions within the department will significantly hinder the ability to implement the needed changes.
Although Mr. Gauke might provide solutions and secure bipartisan backing, initiatives lacking financial support are likely to have little effect, and it will continue to be Labour that is held responsible.
The evaluation will further examine if the existing penalties for offenses against women and girls are commensurate with the gravity of the crimes and will explore additional measures to address repeated offenses.
In addition to reassessing sentencing policies, the government has pledged to add 14,000 new prison slots and to unveil a decade-long plan for prison capacity later in the year.
Mr. Gauke will resign from his role as a trustee at the Prison Reform Trust during the period of the review.
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Ms. Mahmood has initiated measures aimed at decreasing the number of inmates in prisons across England and Wales. In July, she announced a proposal to temporarily lower the portion of their sentences that prisoners are required to serve from 50% to 40%.
Approximately 1,700 inmates were freed from correctional facilities in two nations starting September 10, as part of efforts to reduce congestion in prisons.
Approximately 37 prisoners were mistakenly freed due to administrative errors, where violations of restraining orders were incorrectly recorded under outdated laws, thereby circumventing measures designed to prevent the release of specific offenders.
Luggage in hand and intentions set high, yet without the pop of champagne, the latest group of early release prisoners departed – Reported by Mollie Malone, news correspondent
Starting around 9am, a continuous flow of individuals exited HMP Ford in Sussex.
Approximately 70 prisoners are slated to be released from this minimum-security facility today, as part of a broader initiative to expedite the release of about 1,000 inmates throughout England and Wales.
It was evident that they carried more items than usual upon their release. Normally, they would leave with just a discharge grant and a modest bag. However, on Tuesday, several of the individuals released were seen with large blue Ikea bags and some even had suitcases.
There are a few potential explanations for this – one is that the individuals released today had been incarcerated for longer periods compared to those who were let go earlier in September. It's likely they had gathered more personal items during their extended time inside. Additionally, those housed in minimum security settings usually have more opportunities to engage in community work outside, which results in a more laid-back atmosphere.
Many of those we reached out to were reluctant to engage in conversation. This time, the situation seemed significantly more regulated compared to previous early releases.
Correctional officers maintained a vigilant presence and closely monitored the activities, a notable difference from the images of champagne being uncorked outside HMP Wandsworth the previous month.
However, those who paused to engage in conversation appeared resolute in their decision to leave behind any criminal behavior, firmly intent on avoiding a future behind bars.
"One man, who was granted early release, expressed his belief that incarceration periods should be shorter."
He was incarcerated for drug-related crimes and shared with Sky News that the atmosphere in the prison was "positive" as "everyone was being released" and he was "certainly" planning to stay out of prison in the future.
When questioned about the appropriateness of early release for individuals, another man responded, "If it improves circumstances, then yes."
Ms. Mahmood assured Sky News that such errors would not recur in this or subsequent release cycles.
Starting Tuesday, the newest group of prisoners eligible for early release will include individuals serving sentences of five years or longer.
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Ms. Mahmood, holding the position of lord chancellor as well, stated that Labour took over a prison system on the brink of disaster, mere days from potential collapse.
"She also added that this review, coupled with our prison construction initiative, will prevent a recurrence of overcrowding by ensuring there are always enough spaces for prisoners."
Mark Day, the assistant director at the Prison Reform Trust, stated that the "ongoing capacity crisis has pushed our criminal justice system to the brink of failure," and that emergency actions "cannot serve as a lasting solution."
"He emphasized the critical need to address the issue of rapidly increasing sentence lengths, which have led to severe overcrowding and pushed the number of inmates and the rate of incarceration to unsustainable heights," he added.
The conclusions of the sentencing evaluation are slated for submission by the upcoming spring, with implementation anticipated by no earlier than March 2026.
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