Landmark Sentencing Review launched to end prison crisis

Chaired by former Lord Chancellor David Gauke, the review 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.

Launched on the day more prisoners will be leaving jail under an emergency release scheme due to chronic overcrowding, the review will make sure no government is ever placed in this position again.

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

The government has committed to creating 14,000 extra prison places and outlining a 10-year capacity strategy later this year. Alongside this, the Sentencing Review will follow 3 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 keep the public safe by reducing reoffending
• explore tougher punishments outside of prison to make sure these sentences cut crime while making the best use of taxpayers’ money

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

Lord Chancellor and Justice Secretary Shabana Mahmood, said:

This government inherited prisons in crisis, within days of collapse.

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.

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.

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

Independent Reviewer David Gauke said:               

Clearly, our prisons are not working. The prison population is increasing by around 4,500 every year, and nearly 90% 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.

The review will submit its findings in full to the Lord Chancellor by Spring 2025.

Notes to editors

• The Sentencing Review terms of reference are published on GOV.UK

The Review will provide long-term solutions for our justice system by:

• examining the use and composition of non-custodial sentences, including robust community alternatives to prison and the use of fines
• looking at the role of incentives in sentence management and the powers of the probation service in the administration of sentences in the community
• exploring the use and impact of short custodial sentences
• reviewing the framework around longer custodial sentences, including the use of minimum sentences, and the range of sentences and maximum penalties available for different offences
• looking at 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
• considering 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
• considering the approach to sentencing in cases of prolific offenders
• considering specifically sentencing for offences primarily committed against women and girls

The review will not consider:

• the Imprisonment for Public Protection (IPP) sentence or the administration of it
• the use of remand
• the youth sentencing framework
•  Out-of-court resolutions