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Saturday, Mar 01, 2025

Potential Overhaul of Prison Sentencing System in England and Wales

Potential Overhaul of Prison Sentencing System in England and Wales

Government considers implementing a Texas-style 'good behaviour credits' scheme for early release of prisoners.
The government of England and Wales is contemplating significant changes to its prison release policies, which could see prisoners required to earn their freedom through 'good behaviour credits' rather than being automatically released after serving a predetermined period.

Justice Secretary Shabana Mahmood, who recently visited Texas to study its prison reforms, indicated a desire to incorporate a 'carrot-and-stick' approach in the penal system.

In Texas, there is no automatic early release mechanism.

Instead, inmates can reduce their time served by earning 'good behaviour and good time' credits, allowing them to complete as little as 25% of their sentence in prison if they demonstrate good conduct and engage in productive activities.

Automatic early release for prisoners in England and Wales was first introduced in 1991 for those sentenced to less than four years.

This policy was expanded in 2003 to apply to more serious offenders, with reports indicating that currently up to 70% of prisoners are released automatically.

Under the proposed changes, prisoners could earn credits for completing work, training, or educational programs.

Mahmood stated the importance of reviewing potential future structures for sentencing, emphasizing the need to consider how incentivizing behaviour may necessitate alterations to the current framework of automatic releases.

She acknowledged that while the system in Texas provided valuable insights, adaptations would be needed to fit the specific context of England and Wales.

David Gauke, who served as justice secretary under former Prime Minister Theresa May and accompanied Mahmood on the Texas trip, noted that the state's incentivisation policies have significantly lowered the rate of offenders recalled to prison.

In Texas, the recall rate stands at 16.6%, while national figures in England and Wales hover around 68%.

Gauke highlighted that incentivising behaviour fosters a more measured assessment of inmates over time.

Presently, many prisoners in England and Wales are released on parole after serving 40-60% of their fixed-term sentences.

The Prison Reform Trust recently urged the government to reconsider the policy of short, fixed-term recalls of 28 days or less.

This call was inspired by growing concerns that such practices entrap individuals within the criminal justice system, exacerbating issues of re-offending.

An independent review of sentencing practices criticized the trend towards longer jail terms as a reactionary measure by successive administrations.

Current statistics from the Ministry of Justice reveal that the prisoner population in England and Wales has reached 86,941, the highest level since October 21 of the previous year, the day before the government implemented measures to release over 1,000 inmates in response to an overcrowding crisis.
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