Sentencing Review launched to end ‘prison crisis’

Unveiled on the day a further 1,100 prisoners were being released under an emergency scheme to ease overcrowding, the review will look at ways to “end prison crisis”.

Chaired by former Lord Chancellor David Gauke, it will make sure the most serious offenders can be sent to prison to protect the public, and that the country always has the space needed to keep dangerous criminals locked up.

The prison population has roughly doubled in the last 30 years – but in the past 14 of those years, just 500 places were added to the country’s stock of jail cells.

The Government said it has committed to creating 14,000 extra prison places and outlining a ten-year capacity strategy later this year.

Alongside this, the Sentencing Review, launched on Tuesday (October 22), will follow three core principles to ensure a sustainable justice system:

• Make sure prison sentences punish serious offenders and protect the public, and there is always the space in prison for the most dangerous offenders;
• Look at what more can be done to encourage offenders to turn their backs on a life of crime and reduce reoffending; and
• Explore tougher punishments outside of prison to make sure these sentences cut crime.

The review will also specifically consider whether current sentencing for crimes committed against women and girls fits the severity of the act, and examine whether there is more that can be done to tackle prolific offending.

Lord Chancellor and Justice Secretary Shabana Mahmood, said: “This review, along with our prison building programme, will ensure we never again have more prisoners than prison spaces.

“I believe in punishment. I believe in prison, but I also believe that we must increase the range of punishments we use. And that those prisoners who earn the right to turn their lives around should be encouraged to do so.

“The Sentencing Review will make sure prison and punishment work – and that there is always a cell waiting for dangerous offenders.”

She said the review will examine the tough alternatives to custody, such as using technology to place criminals in a ‘prison outside prison’ and forcing offenders to do hard work in the community that gives back to society.

The independent chair and panel will also look at evidence in this country and also from overseas jurisdictions, such as the US, to explore alternative approaches to criminal justice.

Mr Gauke said: “Clearly, our prisons are not working. The prison population is increasing by around 4,500 every year, and nearly 90 per cent of those sentenced to custody are reoffenders.

“This review will explore what punishment and rehabilitation should look like in the 21st century, and how we can move our justice system out of crisis and towards a long-term, sustainable future.”

Among the areas to be considered by the review are:

• The use and composition of non-custodial sentences, including community alternatives to prison and the use of fines;
• The role of incentives in sentence management and the powers of the probation service in the administration of sentences in the community;
• The use and impact of short custodial sentences;
• The administration of sentences, including the point at which offenders are released from prison, how long they are supervised in the community on licence, recall to prison, and how technology can support this; and
• Whether the sentencing framework should be amended to take into account the specific needs or vulnerabilities of specific cohorts such as young adult offenders, older offenders, and women.

Association of Police and Crime Commissioners criminal justice leads, Donna Jones and Danielle Stone, said: “Police and crime commissioners (PCCs) broadly support the sentencing review.

“Sentencing should protect the public, punish the offender, and rehabilitate them to prevent future crime, whilst assuring the public that sentences handed down by the courts are proportionate to the harm caused.

“Announcing the sentencing review on the day that 1,100 prisoners are being released from custody to serve the rest of their sentence in the community serves to highlight the urgent need to address prison overcrowding. We all want our justice system to reflect the needs of today and that means ensuring that the right people are imprisoned for the appropriate length of time.

“As PCCs we work with our partners in the criminal justice system to support victims and hope this review will result in a strong sentencing regime with victims at its heart.”

Revolving Doors chief executive Pavan Dhaliwal said: “This review is very welcome and long overdue to ensure that we can move towards a justice system that both better serves victims and focuses on rehabilitation.

“Far too many people are in overcrowded prisons on hugely costly and ineffective short sentences not because they pose a danger to society, but because their health and social needs such as substance misuse, mental health, homelessness and for many women, domestic abuse remain unmet.

“The evidence base clearly shows community-based alternatives to short sentences are not only better at addressing root causes but also lead to significantly lower reoffending rates, creating safer communities. By focusing on rehabilitation outside of prison, we can break the cycle of reoffending, ensuring justice for victims and reducing the strain on our prison system. This landmark review is an opportunity to transform our approach and make lasting change.”

Andrea Coomber KC, chief executive of the Howard League for Penal Reform, said: “The trend of imposing ever longer sentences has brought the criminal justice system to the brink. An independent review presents a once-in-a-generation opportunity to deliver a more humane and effective response to crime and a lasting solution to the capacity crisis in prisons.

“For too long, criminal justice policies have been judged on whether they appear ‘tough’ or ‘soft’, when what really matters is whether they work. Rising sentences put intolerable pressure on the system, and dealing with the consequences takes valuable resources away from preventing crime and supporting victims.

“We can start to put things right if we shift our focus away from the length of sentences and towards what people are doing while serving them. Ensuring people have the support they need to move on from crime will make everyone safer.”

Tom Franklin, chief executive of the Magistrates’ Association, said: “The Magistrates’ Association welcomes the announcement of this wide-ranging review, which will look at sentencing, punishment and rehabilitation, and aims to enable the criminal justice system to move from its current crisis state to a sustainable future.

“We are pleased that the review will consider if the sentencing framework should be amended to take into account women, young adult offenders and older offenders. We are also pleased that the review will look at non-custodial sentences, including community alternatives to prison. Short-term prison sentences are rarely effective in reducing reoffending, so we would support measures to reduce their use.

“However, there are two factors critical in their reduction: firstly, the expansion of the range and availability of community sentence options, and secondly, there must be increased resourcing for the probation service to advise magistrates and to manage offenders in the community.

“However, the fact remains that criminal justice has been underfunded for at least the last decade, so for this review to achieve its aims, it must be supported by a long-term, sustainable and considered investment in the whole criminal justice system, from prisons to the courts, probation and legal aid.

“With the budget announcement just over a week away, we hope that the Government will find room in its spending plans for justice.”