The Sentencing Bill will require judges to presume against custodial sentences of less than 12 months in order to tackle the prison overcrowding crisis.

Shabana Mahmood, the justice secretary, announced in May that short prison terms would be scrapped except where “exceptional circumstances” made custody unavoidable. Instead, most offenders will receive community sentences. Judges will retain the option of prison where necessary.

The bill also proposes a “Texas-style” system allowing inmates to earn early release through good behaviour, as well as provisions to deport foreign offenders, extend banning orders preventing criminals from attending pubs and football matches, and expand the use of electronic tagging.

Further changes include the roll-out of intensive supervision courts for vulnerable offenders, such as women and those with drug addictions.

A source close to Ms Mahmood said community service would become “more restrictive and more punitive” to ensure it acted as an effective short-term punishment.

The government said: “This government inherited a prisons 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 cancel arrests. That is why as part of our plan for change, we are overhauling sentencing to make sure we always have the prison places needed to keep the country safe.”

An independent review led by former justice secretary David Gauke earlier this year also recommended a presumption against short terms, describing them as ineffective and linked to high reoffending rates.

Polling by YouGov for the commission found that 47 per cent of people favoured community sentences for non-violent offenders, while 36 per cent preferred prison.