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Tougher punishments outside prison are being considered as part of a government review into sentencing.

The review will be launched on Tuesday by Justice Secretary Shabana Mahmood in a bid to ease overcrowding in the prison system.

Led by former Conservative justice secretary David Gauke, the review will be activated on the same day that around 1,100 inmates are set to be released early as part of the government’s policy to free up prison space.

Latest figures show there are just over 2,000 free spaces in prisons across England and Wales – and they are expected to reach critical capacity again by July.

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Mr Gauke will explore tougher punishments outside of prison while ensuring there remains enough capacity in the system to incarcerate the most dangerous offenders, the government has said.

Among the alternatives that will be examined are community sentences and fines.

Methods used by other countries are being assessed for inspiration, including the US, where Texas has used good behaviour credits to reduce sentences.

Nudge technology, sobriety tags and home detention curfews will also be looked at in the review, with watches and apps used to encourage offenders to comply with certain conditions.

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‘There wasn’t one space on the prison wing’

Mr Gauke, who argued there was a “very strong case” for abolishing jail terms of six months or less when he was justice secretary in 2019, said it was clear “our prisons are not working”.

“This review will explore what punishment and rehabilitation should look like in the 21st century, and how we can move our justice system out of crisis and towards a long-term, sustainable future,” he added.

Analysis: Rescuing prison system will take much more than a review


Liz Bates is a political correspondent

Liz Bates

Political correspondent

@wizbates

Bringing in former Conservative justice secretary David Gauke to review prison sentencing seems like a shrewd move from Labour.

UK prisons are full and the new government’s initial attempts to deal with that by releasing some prisoners early was met with hostility from the opposition benches.

If a Tory, with expertise in the brief, makes recommendations on how to reduce the prison population, it buys some much-needed political cover for a policy that could be tricky to sell to the public and the papers.

But what Mr Gauke’s appointment can’t cover up is that the broken UK justice system needs cash and at the forthcoming budget it may get cuts instead.

The current justice secretary Shabana Mahmood has been making the case behind the scenes and even wrote a letter to the prime minister arguing for more money.

That’s because getting back from the brink of full prisons will take much more than a sentencing review.

It will require change across every dysfunctional aspect of the justice system, from the overwhelmed probation service to the court backlogs to the slow progress of prison building.

Departmental cuts will make that necessary reform almost impossible to achieve.

So while Mr Gauke may bring answers and cross-party support, plans without money behind them are unlikely to make much impact, and it will still be Labour that gets the blame.

The review will also specifically consider whether current sentencing for crimes committed against women and girls fits the severity of the act and ask whether more can be done to tackle prolific offending.

Alongside the sentencing review, the government has also committed to creating 14,000 extra prison places and outlining a 10-year capacity strategy later this year.

Mr Gauke is stepping down as a trustee of the Prison Reform Trust while carrying out the review.

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Early prisoner release sparks homelessness fears

Ms Mahmood has already taken steps to try to reduce the prison population in England and Wales, announcing plans in July to temporarily reduce how much of their sentences inmates must serve behind bars from 50% to 40%.

About 1,700 prisoners were released from jails across the two countries from 10 September in a bid to cut overcrowding.

The latest inmates to be freed early will be released from Tuesday, with expanded eligibility to include those serving sentences of five years or more.

Read more:
‘Ultimate ambition’ to close women’s prisons, says minister

Why some prisons on early release are reoffending

Ms Mahmood, who is also the Lord Chancellor, said Labour “inherited prisons in crisis, within days of collapse”.

“This review, along with our prison building programme, will ensure we never again have more prisoners than prison spaces,” she added.

Mark Day, deputy director of the Prison Reform Trust, said the “current capacity crisis has bought our criminal justice system close to collapse” and emergency measures “are not a long-term solution”.

“We urgently need to get to grips with runaway sentence inflation which has contributed to chronic levels of overcrowding and driven prison numbers and our use of imprisonment up to an unsustainable level,” he added.

The findings of the sentencing review will be submitted by next spring, while the results are expected to take effect by March 2026 at the earliest.

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Trump says Musk ‘off the rails’ for forming political party to rival GOP

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Trump says Musk ‘off the rails’ for forming political party to rival GOP

Trump says Musk ‘off the rails’ for forming political party to rival GOP

US President Donald Trump has blasted Elon Musk’s plan to start a new political party that could splinter the Republican vote in the 2026 midterm elections.

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MP recalls childhood abuse as he calls for law change to make domestic abuse a specific criminal offence

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MP recalls childhood abuse as he calls for law change to make domestic abuse a specific criminal offence

An MP who decided until recently to “never speak” about the abuse he suffered as a child has shared his harrowing story so that “no kid has to go through” what he did.

Josh Babarinde describes being physically abused by his mother’s former partner from the age of four, and remembers crying himself to sleep under the covers “hearing shouts, hearing screams and things smash”.

He says he became hypervigilant growing up and felt safe at school but “like he was treading on eggshells” in his own home.

The Eastbourne MP, who is also the Liberal Democrats’ justice spokesperson, says his experience has driven his politics. He is calling on the government to stop abusers “slipping through the net” and being released from prison early.

Opening up about his story in his twenties was “difficult” but looking back, Mr Babarinde says, he is “so proud of the resilience of that kid”.

The MP recently found his childhood diary containing Star Wars drawings alongside an entry he wrote from the bathroom. The diary, he recalls, wrote: “I’m really going to try to go (to the toilet) but I can’t. Oh my goodness, I’m gonna be in so much trouble, I’m going to get smacked so hard.”

Then an entry five minutes later: “I still haven’t done anything, I’m going to be in so much trouble.”

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He says reading the entry reminded him of how “helpless” he felt.

“It was mortifying,” he says. “An abuser takes away your sense of self-worth.”

Josh Babarinde speaking to Sky's Ali Fortescue.
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Mr Babarinde says he wants the government to ‘properly recognise domestic abuse crimes in the law’

The 32-year-old is calling on the government to change the law to make domestic abuse a specific criminal offence. The change would mean, he argues, abusers can no longer effectively disguise their history under other offences like assault.

He says the Ministry of Justice’s early release scheme, which has seen thousands of prisoners released early to ease overcrowding, has failed to exclude domestic abusers despite government promises because there is no formal categorisation for offenders.

It is impossible, he argues, to know exactly how many domestic abusers are in prison currently so perpetrators are “slipping through the net” on early release.

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Met Police chief calls for ‘mega’ forces in push for shake-up

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January: Rising violence against women and girls

Mr Babarinde says the uncertainty means victims and survivors are not able to prepare for their abuser’s release.

He said: “They might need to move house or move their kids to a new school, shop in different places. All of these kind of things are so important, and so that’s why that commitment the government made was so important.”

A spokesperson for the Ministry of Justice said: “Our thoughts are with all victims of domestic abuse – it takes immense courage to speak out.

“We are building a justice system that puts victims first – strengthening support, increasing transparency, and giving people the confidence to come forward and be heard.”

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Another tantrum from the Labour backbenches is inevitable

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Rachel Reeves hints at tax rises in autumn budget after welfare bill U-turn

In common with many parents across the country, here’s a conversation that I have with my young daughter on a semi-regular basis (bear with me, this will take on some political relevance eventually).

Me: “So it’s 15 minutes until your bedtime, you can either have a little bit of TV or do a jigsaw, not both.”

Daughter: “Ummmm, I want to watch TV.”

Me: “That’s fine, but it’s bed after that, you can’t do a jigsaw as well.”

Fast-forward 15 minutes.

Me: “Right, TV off now please, bedtime.”

(Pause)

Daughter: “I want to do a jigsaw.”

Now replace me with the government, the TV and jigsaw options with axing welfare cuts and scrapping the two-child cap, and my daughter with rebellious backbenchers.

Politics latest: Former Labour leader calls for wealth tax on assets above £10m

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Rachel Reeves’s fiscal dilemma

That is the tension currently present between Downing Street and Labour MPs. And my initial ultimatum is the messaging being pumped out from the government this weekend.

In essence: you’ve had your welfare U-turn, so there’s no money left for the two-child cap to go as well.

As an aside – and before my inbox fills with angry emails lambasting me for using such a crude metaphor for policies that fundamentally alter the lives of some of the most vulnerable in society – yes, I hear you, and that’s part of my point.

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Welfare U-turn ‘has come at cost’

For many in Labour, this approach feels like the lives of their constituents are being used in a childish game of horse-trading.

So what can be done?

Well, the government could change the rules.

Altering the fiscal rules is – and will likely remain – an extremely unlikely solution. But as it happens, one of Labour’s proverbial grandparents has just popped round with a different suggestion.

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Welfare: ‘Didn’t get process right’ – PM

A wealth tax, Lord Neil Kinnock says, is the necessary outcome of the economic restrictions the party has placed on itself.

Ever the Labour storyteller, Lord Kinnock believes this would allow the government to craft a more compelling narrative about whose side this administration is on.

That could be valuable, given one of the big gripes from many backbench critics is that they still don’t really understand what this prime minister stands for – and by extension, what all these “difficult decisions” are in aid of.

The downside is whether it will actually raise much money.

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Is Corbyn an existential risk to Labour?

The super-rich may have lots of assets to take a slice from, but they also have expensive lawyers ready to find novel ways to keep their client’s cash away from the prying eyes of the state.

Or, of course, they could just leave – as many are doing already.

In the short term, the future is a bit easier to predict.

If Downing Street is indeed now saying there is no money to scrap the two-child cap (after heavy briefing in the opposite direction just weeks ago), an almighty tantrum from the backbenches is inevitable.

And as every parent knows, the more you give in, the harder it becomes to hold the line.

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