Government plans to limit short sentences to reduce prison overcrowding

updated on 29 August 2025

Ministers are expected to introduce new legislation to the House of Commons after the summer recess, with the aim of reducing the use of short prison sentences and toughening community punishment.

The new bill is set to introduce several changes recommended by an independent sentencing review carried out by former Conservative Justice Minister David Gauke. For example, the expected changes would eliminate most short-term sentences. As part of the changes, an earned release scheme, based on a model used in Texas, will be introduced, allowing prisoners to be released sooner or held longer based on their behaviour.

The incoming bill is also set to introduce a wider range of community sentences, including bans on going to stadiums to watch sports or music, restrictions on visiting pubs, wider drug testing, and driving and travel bans. Restriction zones could be introduced as well, confining those sentenced to specific areas.

Lord High Chancellor of Great Britain Shabana Mahmood emphasised that criminals who break the rules "must be punished", so those who serve community sentences "must have their freedom restricted there, too".

Mahmood added: "Rightly, the public expect the government to do everything in its power to keep Britain safe, and that's what we're doing."

A spokesperson for the Ministry of Justice stated: "This government inherited a prison system days away from collapse. That is why we are building 14,000 more prison places, with 2,500 already delivered, but we know we can't build our way out of this crisis.

"Without further action, we will run out of prison places in months, courts would halt trials and the police [would] cancel arrests. That is why we are overhauling sentencing to make sure we always have the prison places needed to keep the country safe."

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