Sex offenders could face chemical castration and thousands of offenders will be released after serving a third of their jail term, under plans proposed in a sentencing policy review set to be accepted by ministers.
The independent review, led by the former justice secretary David Gauke, was commissioned by the government amid an overcrowding crisis in prisons in England and Wales.
It has made a series of recommendations with the aim of reducing the prison population by 9,800 people by 2028.
The key proposal, which it is understood the government will implement, is a “progression model” – which would see offenders who behave well in jail only serve a third of their term in custody, before being released.
The measure will apply to people serving standard determinate sentences, which is the most common type of jail term, being served by the majority of offenders.
It will be based on sentence length, rather than offence type. That means sex offenders and domestic abusers serving sentences of under four years, could all be eligible for early release.
The policy will mean inmates serve only a third of their sentence in prison, a third on licence in the community, with the remaining portion under no probation supervision at all.
If the offender committed further offences in the “at risk” – or final – stages of their sentence, once out of prison, they would be sent back to jail to serve the remainder of the original sentence, plus time inside jail for the new offence.
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Is government ‘prepared to be unpopular’ over prisons?
Chemical castration trial could be extended
The government will also further the use of medication to suppress the sexual drive of sex offenders, which is currently being piloted in southwest England.
The review recommended that chemical castration “may assist in management of suitable sex offenders both in prison and in the community”.
Ministers are to announce plans for a nationwide rollout, and will first expand the use of the medication to 20 prisons across England.
The justice secretary is also considering whether to make castration mandatory. It’s currently voluntary.
Mr Gauke, the chair of the independent sentencing review, told Sky News that “drugs that reduce sexual desire” will not be “appropriate for every sexual offender”.
“I’m not going to claim it’s the answer for everything,” the former justice secretary said. “This is about reducing the risk of re-offending in future.
“There are some sex offenders who want to reduce their desires and if we can explore this, I think that is something that’s worthwhile.”
However, Mr Gauke stressed that the government needs to focus on “reducing crime overall”.
Image: Prisons in England and Wales are facing an overcrowding crisis. File pic: PA
Domestic abuse commissioner criticises plans
Under his recommendations, violent offenders who are serving sentences of four years or more could be released on licence after spending half of their sentence behind bars. This could be extended if they do not comply with prison rules. These prisoners would then be supervised in the community until 80% of their sentence.
In response to the review, the police have warned: “Out of prison should not mean out of control.”
“If we are going to have fewer people in prison, we need to ensure that we collectively have the resources and powers to manage the risk offenders pose outside of prison,” said Chief Constable Sacha Hatchett at the National Police Chiefs Council.
The domestic abuse commissioner for England and Wales, Nicole Jacobs, said adopting the measures would amount to “watering down” the criminal justice system.
“By adopting these measures the government will be sending a clear message to domestic abusers that they can now offend with little consequence,” she said.
In a set of proposals considered to be the biggest overhaul of sentencing power laws since the 1990s, judges could be given more flexibility to punish lower level offenders with bans on football or driving.
The review has also recommended that short sentences should only be used in “exceptional circumstances”, suggesting they are “associated with higher proven reoffending” and “fall short in providing meaningful rehabilitation to offenders”.
The Howard League for Penal Reform has welcomed the proposals as a “good start”.
“This is a vital review that makes the case for change by focusing on the evidence on what will reduce reoffending and prevent more people becoming victims of crime,” said chief executive Andrea Coomber.
David Gauke’s review has called on the government to “invest” in a probation service that is “under significant strain”, as its proposals recommend a larger number of offenders should be punished and supervised in the community.
“Tagging can be a useful way to monitor offenders and identify escalating risks,” it said.
The government is set to invest a further £700m in the probation service and introduce a mass expansion of tagging technology, where tens of thousands of criminals will be monitored at any one time, creating a “prison outside of a prison”, with the help of US tech companies.
‘Overriding concerns’
The Victims Commissioner, Baroness Newlove, has expressed an “overriding concern” about the ability of an “already stretched probation service” to “withstand the additional pressure” of managing a larger number of people outside of prison.
The policy review also makes recommendations around offenders that are recalled to prison after breaching their licence conditions.
Currently, around 15% of those behind bars are there because they have been recalled. Mostly, it’s for breaching of licence conditions, rather than further offences.
The review recommends a “tighter threshold” for recall so that it is “only used to address consistent non-compliance”, with licence conditions – which can include missing a probation appointment.
Last week the government announced plans that will see offenders serving one to four-year sentences held for a fixed 28-day period if they are returned to jail.
The review suggests increasing that limit to 56 days, in order to “allow sufficient time for planning around appropriate conditions for safe re-release into community supervision”.
The government is expected to accept the review’s key measures, and implement them with a sentencing bill before parliament.
The plans will likely require legislation and only be before the courts by the spring of 2026.
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The prime minister’s spokesman has refused eight times to confirm whether recognition of Palestine could go ahead if Hamas remain in power and the hostages are not released.
Keir Starmer’s spokesman was questioned by journalists for the first time since the announcement last week that the UK will formally recognise the state in September – unless Israel meets certain conditions including abiding by a ceasefire and increasing aid.
The policy has been criticised by the families of UK hostages, campaigners and some Labour MPs, who argue it would reward Hamas and say it should be conditional on the release of the remaining hostages.
A senior Hamas politician, Ghazi Hamad, speaking to Al Jazeera, said at the weekend that major nations’ decision to recognise a Palestinian state “is one of the fruits of 7 October”.
The PM’s spokesman said on Monday: “The PM is clear that on 7 October, Hamas committed the worst act of terror in Israel’s history. That horror has continued since then.
“As the foreign secretary said over the weekend, Hamas are rightly pariahs who can have no role in Gaza’s future, there is a diplomatic consensus on that. Hamas must immediately release all hostages and have no role in the governance of Gaza.”
But asked whether removing Hamas from power and releasing hostages were conditions for statehood, he said a decision on recognition would be made at the UN General Assembly meeting in September, based on “an assessment of how far the parties have met the steps we have set out. No one side will have veto on recognition through their actions or inactions.”
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Up to 300 children could be evacuated from Gaza and given NHS treatment in the UK. The plans are reportedly set to be announced within weeks.
He added: “Our focus is on the immediate situation on the ground, getting more aid in to end the suffering in Gaza and supporting a ceasefire and a long-term peace for Israelis and Palestinians based a two-state solution.”
Starmer, who recalled his cabinet for an emergency meeting last week before setting out the new position, is following the lead of French president Emmanuel Macron, who first pledged to move toward recognising Palestinian statehood in April.
Canada has also backed recognition if conditions are met, including by the Palestinian Authority.
The prime minister had previously said he would recognise a state of Palestine as part of a contribution to a peace process.
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Efforts to bring Gazan children to the UK for urgent medical treatment are set to be accelerated under new government plans.
In his announcement last Tuesday, he said: “We need to see at least 500 trucks entering Gaza every day. But ultimately, the only way to bring this humanitarian crisis to an end is through a long-term settlement.
“So we are supporting the US, Egyptian and Qatari efforts to secure a vital ceasefire. That ceasefire must be sustainable and it must lead to a wider peace plan, which we are developing with our international partners.
“I’ve always said we will recognise a Palestinian state as a contribution to a proper peace process, at the moment of maximum impact for the two-state solution. With that solution now under threat, this is the moment to act.”
Adam Rose, a lawyer acting for British families of hostages in Gaza, has said: “Why would Hamas agree to a ceasefire if it knew that to do so would make British recognition of Palestine less likely?”
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