Barristers have told the government that conditions similar to the coronavirus lockdown should be imposed on criminals as an alternative to prison overcrowding.

In a formal submission to the ongoing sentencing review led by former Conservative justice minister David Gauke, the Law Society called for consideration of more "creative uses of punishment". The agency, which represents lawyers in England and Wales, has proposed ideas including stronger home detention measures for non-violent offenders and "part-time prisons" to help prisoners reintegrate into society.

A document submitted to the review said: "The increased use of 20-hour curfews as a direct alternative to detention would bring a variety of benefits. "Similar restrictions to those implemented during COVID-19-related lockdowns may be introduced as a punitive measure. "

The Law Society said there were already laws banning offenders from pubs, sports venues and social events, which could "constitute a serious deprivation of liberty" but would not put them behind bars.

It also urged the government to look to Sweden for inspiration, where prisoners can be released for a set period of time, ranging from a few hours to a few days, to visit family, complete education courses and find work.

The agency said a part-time prison could be designed for low-risk offenders who have not committed violent crimes, allowing them to work, receive training and maintain family relationships while preparing for release from prison.

The Law Society is one of a number of groups submitting ideas and evidence to the Gauker sentencing policy review, which was launched in October and is expected to conclude later this year. It comes after a prison population crisis led the Conservatives to launch early release schemes and emergency capacity measures, including the use of police cells to house prisoners.

After the election, Labor launched a new early release scheme and has been accelerating the transfer of people to open prisons to ease pressure on secure prisons while continuing a project to build new prisons.

But a major National Audit Office report last month said that even if construction targets were met, the scheme "would not be sufficient to meet projected future demand", with a shortage of 12,400 prison places expected by the end of 2027.

The watchdog attributed the crisis to "the failure of previous governments to ensure that the number of prison sites is consistent with criminal justice policy", such as extending sentences for numerous offenses and recruiting thousands of police officers.

Michelle Heeley KC, who headed the working group that drew up the Law Society's sentencing recommendations, said the current system "doesn't work".

"The number of people in prison is increasing but crime rates are not falling and re-offending is increasing. Keeping people in prison for longer does not have the deterrent effect that people think," she told the Daily Mail. observer.

"The reality is that the government is running out of prison space and if you want to restrict people's freedoms and punish them, you have to get more creative."

The Ministry of Justice said the prison population in England and Wales had doubled in the past 30 years, setting records for the highest incarceration rates in Western Europe. In late 2023, the Conservatives introduced a new sentencing bill that would create a "presumption" against sentences of less than a year in most cases. But the bill failed to become law because the election was called early.

Gauke proposed a separate proposal to end short-term prison sentences in 2019, but it was scrapped after Boris Johnson became prime minister and sacked him from government.

Healey said that while there would "always be a place" in prisons for dangerous criminals, education and treatment were also needed to stop people falling into crime, adding: "It's about striking a balance between punishment and rehabilitation."

A spokesman for the Ministry of Justice said: “The Lord Chancellor launched the independent sentencing review to create a more effective criminal justice system and ensure that no government is ever forced to release a prisoner early.

"The review, led by former chancellor David Gauke, has completed its call for evidence and will report on their findings in the spring."