Criminals won’t go to prison if they’re sentenced to less than a year, Justice Secretary Alex Chalk says

Most criminals given jail terms of less than a year should not go to prison, the Justice Secretary has said as he confirmed plans to reduce overcrowding.

Lower-level offenders in England and Wales will also be released 18 days earlier than planned to ease pressure on jails, Alex Chalk told MPs.

Senior judges have warned that upcoming sentencing hearings may need to be delayed because there is no space in prison to accommodate more offenders.

Mr Chalk admitted that jails had become overcrowded but blamed court backlogs dating back to the pandemic, when the Government opted against limiting the scope of jury trials despite delays caused by the need for social distancing.

He announced there would be a “presumption” that any criminal sentenced to less than a year in prison should serve a suspended sentence, only being sent to jail if they break the terms of their licence. The change will be written into legislation using a new law.

Mr Chalk said: “The taxpayer should not be forking out for a system which risks further criminalising offenders and trapping them in a merry-go-round of short sentences.

“Offenders will be punished in the community instead – repaying their debt within communities, cleaning up our neighbourhoods and scrubbing graffiti off walls. And we can do this more intelligently with modern solutions for a digital age.”

Such crimes can include shoplifting, low-level assaults and carrying offensive weapons. However there is a body of research to suggest short sentences of under 12 or six months in prison do little to prevent re-offending.

The Justice Secretary promised to double the number of GPS tags available to “track that they are going to work and also to ensure their freedom is curtailed in the evenings and weekends”, with criminals subjected to curfews up to 20 hours a day.

A new early release scheme will see some criminals currently serving sentences leave jail 18 days earlier than their automatic release date. Mr Chalk insisted these would not include sex offenders, terrorists or serious violent criminals, adding: “This power will only be used for a limited period and only in targeted areas.”

But he balanced the shorter sentences for less serious offenders with a new promise that rapists will now be forced to serve the entire sentence given to them by the court, rather than being eligible for early release.

Responding, shadow Justice Secretary Shabana Mahmood accused the Government of failing to build enough prison places to accommodate the numbers needed. She said: “The public need to know that today an offender, including potentially a sex offender, can go to court and be found guilty by a jury. But instead of being locked up behind bars where they belong, the inaction of this chaotic Conservative Government means they can walk free.”