Judges could be given powers to impose a punishment of house arrest on criminals under a comprehensive overhaul of sentences to be launched on Tuesday.
The review, which will be chaired by the former Conservative justice minister David Gauke, will also reassess the jail time handed to offenders found guilty of crimes against women and girls, including those connected to domestic abuse.
It has been ordered amid the overcrowding crisis in prisons in England and Wales but is expected to draw up “long-term solutions”, the Ministry of Justice says.
The review comes on the day that 1,100 criminals serving sentences of five years or more will be released from prison early to ease the crisis. In September, the first early release of prisoners under the Labour government was criticised for being chaotic and poorly planned.
The prison population in England and Wales has risen by 93% in the past 30 years and currently stands at just over 87,000. It is predicted to rise as high as 114,800 by March 2028. Labour has criticised the previous Tory government for failing to get the rising prison population under control.
The new review will look at punishing thousands more offenders within the community as part of a 10-year capacity strategy, the MoJ said.
One possibility is to give judges the powers to hand down sentences that force offenders to stay at home, while being monitored by electronic tags.
At present, judges in England and Wales do not have the power to hand out explicit sentences that order criminals to be confined to an address.
Shabana Mahmood, the justice secretary, said: “Theoretically a judge could hand down a sentence of house arrest. I’m sure the review is going to want to look at all the different mechanisms that are out there to monitor offenders in the community, to supervise them effectively and then also to nudge their behaviour towards a rehabilitation activity that we know reduces reoffending.
“So I’m interested in what punishment outside of a prison looks like. It still has to be punishment, they still have to have their liberty curtailed, people have to know and believe there are consequences to breaking our laws.”
In many US states, house arrest is seen as an alternative to prison and can be imposed so that an offender is confined to their home for days at a time.
Using electronic bracelets, US offenders are often allowed to earn income, maintain family and other relationships, and attend probation appointments and substance abuse treatment.
Officials have also been monitoring the use of compulsory “nudge watches” for those on probation, so that offenders could receive messages telling them when to turn up to appointments or comply with restrictions.
A senior prison source said nudge technology could help offenders with “chaotic” lives. “We are particularly interested in nudge technology, like a wristwatch that says: ‘Have you got in touch with your probation officer? Have you turned up at your mental health treatment appointment?’” the source said.
“They’re not things that restrict your liberty, but they are very helpful in terms of behaviour compliance and nudge compliance.”
Officials have also been examining plans for Texas-style reforms that would allow prisoners to reduce their jail sentences by earning points.
Inmates in Texas can cut down the amount of time spent behind bars by earning credit for good behaviour, as well as earning points for taking part in courses aimed at tackling the root causes of offending.
Mahmood said the sentencing overhaul, along with plans to build 14,000 more prison places, was necessary if future governments were to avoid the need to order emergency measures to release criminals.
“We have an opportunity now to reshape and redesign what punishment outside of a prison looks like,” she said. “The sentencing review will make sure prison and punishment work – and that there is always a cell waiting for dangerous offenders.”
Asked about sentences related to violence and women and girls, Mahmood said: “We want the review to consider the broader framework when it comes to sentencing, particularly because in order to meet our commitment on halving the levels of violence against women and girls.”
On Sunday the Guardian reported that fewer women could be sent to jail under the review, including an examination of the impact of sentencing on people with caring responsibilities – which disproportionately affect female offenders.
Gauke, who is leading the review, questioned the effectiveness of short sentences when he was justice secretary in 2019, and said there was a strong case for those of six months or less to be scrapped altogether.
There was a “strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, and put in their place, a robust community order regime”, he said.
