Ministers want reforms to sentencing policy that will reduce the prison population by more than ten percent, Sky News has learnt.
The sentencing review is under pressure to deliver recommendations that will send 9,500 fewer people to jail by 2028.
The independent review of sentencing policy, being led by former Justice Secretary David Gauke, will submit its findings to the government next month.
There are currently 87,938 people in prison in England and Wales. The male estate is almost full again, operating at more than 99% capacity, with emergency measures triggered to hold offenders in police cells as jails run out of space.
Government projections suggest the prison population will increase to more than 100,000 inmates by 2029.
In an indication of how serious the current situation has become, Sky News has been told of prison governors getting messages directly from court officials outside of working hours, asking them to free up space in order to send new prisoners to jail.
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The sentencing review panel is expected to make suggestions around the impact of short sentences, greater use of alternatives to prison custody and possible steps to reduce the number of women behind bars.
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But sources close to the review process suggest that the scrapping of short sentences will only deliver “hundreds” of free spaces, with more radical changes to sentencing practises needed to ease overcrowding.
Certain crimes are outside the scope of the review – such as murder – but reforms being considered could see other serious offenders serve less time in prison.
It’s understood the sentencing review panel has met with relevant authorities for feedback, and there is nervousness amongst the police about the additional number of people that will need to be managed in the community.
Authorities support the need for a review of sentencing, with shifts away from custodial terms for some offenders to solve the prisons crisis, but changes will increase policing pressures.
The review will also consider other examples of policy and penal systems from around the world.
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On a recent trip to Texas, the justice secretary saw how offenders earned ‘good behaviour’ credits, giving inmates the ability to serve less time behind bars by participating in work or courses.
David Gauke had also previously pointed to the use of open prisons in Spain, where 25% of offenders are housed in lower security jails, with inmates able to leave prison for study and work during the day.
The capacity problems in England and Wales are more acute in the higher security, or ‘closed’, estates, so greater use of open prisons would help ease overcrowding.
But there are concerns among open prison governors that high-risk offenders are being sent to open prisons when they shouldn’t be, for capacity reasons.
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A Ministry of Justice spokesperson said: “The government inherited overcrowded prisons on the point of collapse – we introduced emergency measures and were clear that longer term action was required.
“Alongside our commitment to build 14,000 prison places, we will carefully consider all recommendations by the independent Sentencing Review to ensure we never run out of space again.”
