Prime Minister Sir Keir Starmer will appoint the former Conservative Justice Secretary David Gauke to lead a review of prison sentencing, the BBC has confirmed.
The Labour Party said in its general election manifesto it would establish a review of sentencing “to ensure it is brought up to date”.
The BBC reported earlier this month that Gauke was the frontrunner to lead the review.
His appointment is expected to be announced on Tuesday by Justice Secretary Shabana Mahmood.
Gauke was justice secretary under Theresa May from January 2018 to July 2019.
He then broke with the Conservative Party over Brexit, and stood unsuccessfully as an independent candidate at the 2019 general election. In July he rejoined the Conservative Party.
Gauke has previously suggested that jail terms of less than six months should be scrapped.
The prisons minister, Lord Timpson, has also previously argued that the prison population is too large.
As well as scrapping short sentences, the review is expected to consider toughening up community orders as an alternative to jail.
Community orders can include compelling someone to take part in rehabilitation programmes or carry out unpaid work for the local area such as removing graffiti.
Someone given a community order may also face restrictions on where they live or where they can go.
Several government sources have pointed to advances in technology, such as sobriety tags monitoring alcohol use, that could be used more widely to detain criminals in their homes.
Ministers are also exploring international examples of reducing crime in Texas and Louisiana, where prisoners can reduce their sentences by earning credits for good behaviour.
The review is expected to make its recommendations in the spring.
Since coming to power in July the government has had to grapple with severe overcrowding in prisons in England and Wales.
One of Labour’s first acts after winning the election was to implement an early release scheme, drawn up by the previous government.
Under the scheme, prisoners can be let out if they have completed 40% of their sentence, rather than 50%, as was previously the case.
The government has said offenders jailed for violent offences with sentences of at least four years, sex offenders and domestic abusers were not eligible.
Last month 1,700 prisoners were freed under the scheme and a further 1,100 will be released on Tuesday.
The policy is due to be reviewed in 18 months.
The government has defended the scheme saying it had “inherited prisons in crisis and on the brink of collapse”.
“Had that happened, the courts would have been unable to hold trials and the police to make arrests,” a government spokesperson added.
The Conservatives have said the government “badly managed” the scheme creating “serious public concern” about the process.
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