Plan to link jail terms to capacity

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The plan will link a judge's ability to pass a prison sentence with the level of overcrowding in jails.

The proposal was attacked by the Tories, who claimed it would reduce public confidence in the justice system.

The idea is expected to be contained in Lord Carter's review of the prison system, which will be published shortly.

It would mean offenders who would normally be given short custodial terms would go to prison only if there was sufficient space. If not, judges would be issued with guidelines advising them to take into account the size of the prison population when sentencing.

Prisons Minister David Hanson told the cross-party Justice Unions Parliamentary Group he was "actively considering" the plan, the Mail on Sunday reported.

The Justice Ministry said it was "looking forward" to receiving Lord Carter's report.

A spokeswoman said: "David Hanson addressed the Justice Unions Parliamentary Group on Tuesday as part of a discussion on the criminal justice system and prisons in particular.

"He outlined the terms of reference of Lord Carter's Review of Prisons and looked forward to receiving his report in the next few weeks. The Government will respond to the review with a statement to Parliament in due course."

Critics of the plan claim that the measure could result in a sentencing "lottery" with some offenders avoiding jail if the prisons are full.