LONDON CITY

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Thousands of criminals given prison sentences could escape going to jail
because of overcrowding.

Under emergency plans, offenders sentenced to six or fewer months would
serve time only if a cell was available. If not, they would be given
community sentences.

Large numbers are likely to benefit because the prison population is
close to capacity and criminals are regularly housed in cells at police
stations and courts. Critics said the move amounted to a sentencing
lottery which would undermine public confidence in the justice system.

The proposals are understood to form part of Lord Carters long-awaited
review of the prison system, which is due out at the end of this month.

Prisons minister David Hanson is said to have told MPs last week that
the Government is actively considering the plan.

Criminals given short sentences include thieves and burglars and those
guilty of less serious sex attacks and drugs offences.

The Sentencing Guidelines Council, which advises judges on prison terms,
would issue instructions to take into account the availability of cells
when handing out punishments.

Prison campaigners claim short sentences served in overcrowded jails
fail to tackle offenders behaviour and reduce the scope for
rehabilitation work for more serious criminals.

Edward Garnier, Tory justice spokesman, claimed the crisis was caused by
the failure to build more prisons.

The Government is trying to avoid the consequences of its own
policies, he said. This is a train crash that has been approaching for
many years, but ministers have done nothing.

Measures such as this will inevitably lead to a reduction in public
confidence in the criminal justice system.

He said the plans would lead to wild and unfair differences in
sentencing from day to day.

Ministers have already expanded early-release schemes using electronic
tags and introduced emergency rules allowing thousands of offenders to
walk free 18 days before their sentences are completed.

Both schemes could be expanded as a result of the Carter Review

To date though, the measures have failed to ease overcrowding and courts
are jailing ever more criminals.

On Friday, 81,474 people were in custody in England and Wales - 285 more
than capacity.

Home Office projections suggest the prison population could rise to
102,000 within four years.

A Ministry of Justice spokesman said: The Government will respond to
Lord Carters review with a statement to Parliament in due course.