The Labour Government’s launch of the sentencing review presents a key opportunity to reshape our criminal justice system into a more modern, sustainable system that can better serve our communities. Decades of under-investment, sentence inflation and a lack of evidence-based decision-making as to what works to reduce reoffending and protect the public, have pushed our current justice system to the brink of collapse. If done right, the sentencing review could be the start of a powerful reshaping of the criminal justice system as we know it.
The evidence gathered from the review should be used to inform policies that will balance the need to hold people accountable for the crimes they commit with the broader social need for rehabilitation.
Why the Criminal Justice System needs to be Reformed
The review must begin by examining the fundamental purpose of our prison system. The ideological foundation of our current prison system is informed by notions of retribution; ensuring people ‘pay’ for the crimes they commit. Given the current state of our prisons, overcrowded, violent, falling apart they are punishing places to be sent to.
But if prison is to act as a place of rehabilitation, aiming to reduce crime on release. It is not working. Imprisonment incurs a high cost, both financially, averaging over £50,000 per year per prisoner—and socially, by dispossessing people of their homes, jobs and family connections, making successful reintegration after prison exceedingly difficult.
If we want to prioritise public safety, we must ensure that prisons places are designed to prevent further crime from taking place.
This shift in purpose allows us to consider the multiple factors that can lead people to committing crimes in the first place; what their specific needs are and how we can best respond to them to prevent reoffending from recurring. This would be a marked shift away from previous Government’s approaches which have sought to demonstrate they are ‘tough on crime’ by increasing sentence lengths with little consideration of the broader social and financial impacts of such a policy.
The sentencing review is a long-overdue and much welcome examination of how we can reshape a failing and outdated prison system as part of a modern, evidence-led approach to criminal justice that better serves us all.
The Three Key Policy Issues the Sentencing Review must address to ensure change:
Short prison sentences and the ‘revolving door’ effect
With approximately 30,000 people imprisoned for six months or less annually, we see short prison sentences creating a “revolving door” effect. A short prison sentence can destroy someone’s life. People lose their home, job and their children may be taken into care. When they come out of prison they must start again from scratch, making dealing with the issues that lead to their offending that much harder. All too often the challenges people face leaving prison lead them directly to offending and back into prison.
This reality is reflected in reoffending rates, which remain unacceptably high: 38% of people reoffend within 12 months of their release from prison, but this figure is significantly higher for people sentenced to short prison sentences – 60% of people sentenced to less than six months reoffend within a year. Reoffending costs an estimated £18 billion each year. It’s clear that we cannot continue to deal with people who commit non-violent crimes by imposing short, ineffective sentences when the evidence shows that community-based alternatives can significantly reduce reoffending rates. This approach isn’t just about saving money, but would also result in fewer victims of crime.
Sentence Inflation
England and Wales has the harshest sentencing in western Europe with more people imprisoned per head of the population.
Overall average custodial sentence lengths (excluding life and indeterminate sentences) have increased by seven months from 13.7 months in 2010 to 20.6 months in the year to March 2024. For less serious offences the average custodial sentence length is now 22.9 months, compared to 16.2 months in 2010 – this is an increase of 6.7 months over the last 14 years. And people serving life sentences are spending more of their sentence in prison – people serving mandatory life sentences spend on average 18 years in custody, up from 14 years in 2002.
Given that sentence inflation is one of the main drivers for the crisis in the size of the prison population, extremely expensive and the evidence shows that it does little to prevent crime and keep our communities safe, the Government must reverse this trend. We must reset sentencing so that it is proportionate and evidence-led, looking at what works to deter crime, reduce reoffending and keep communities safe whilst ensuring that people are held accountable for their actions and given the support they need to turn their lives around.
The Government should also consider action
Regular reviews of ‘minimum terms’ for people serving indeterminate sentences.
Significantly increasing the size of the open (Category D) prison estate to facilitate a return to work, education and family/community for those serving long sentences.
Allowing life-sentenced prisoners to apply to move to an open prison much earlier than the current three years before release.
Community Sentences
Despite their effectiveness in preventing reoffending and addressing underlying issues, the use of community sentences has dramatically reduced over the last decade. Alongside a presumption against short sentences, it is therefore important to ensure that a range of high-quality support options and community orders are available nationally, and delivered promptly to a high standard to ensure that people get the support that they need. We must also ensure that judicial knowledge of, and confidence in, community sentences is built and maintained.
Community sentences are not only more effective than short prison sentences they also offer a way to relieve pressure on an overwhelmed prison system. Community sentences include one or more of a choice of 13 requirements including; unpaid work, curfews, electronic monitoring, mental health treatment, drug rehabilitation and alcohol treatment. They have the potential to tackle the root causes of offending, whilst ensuring that the harm that can be caused by a short prison sentence (such as losing their home, job and family connections) is avoided.
What are the broader issues the Government must address for the sentencing review to be successful?
Public Perception
To move forward effectively, the Government must address public perceptions surrounding crime and punishment. Data show that a significant portion of the public believe crime rates are increasing, despite official data indicating a This disconnect is fuelling the narrative that we must be “tough” on crime, driving policies that inflate sentences and ultimately leading to overcrowded prisons. The Government must be bold and lead a national conversation to clarify the realities of crime trends and the impact of our justice policies.
Intervention before Crime
As part of the sentencing review, the Government cannot ignore the systemic issues that lead individuals to commit crime. Many who get caught up in the criminal justice system are extremely vulnerable, having faced adverse events including growing up in poverty, abuse, trauma and mental health challenges. Early intervention—addressing these issues and supporting people before they lead to criminal behaviour—is essential. Lifting people out of poverty and investing in education, housing, and community support can provide the foundations needed to prevent crime and promote rehabilitation.
Tackling Racial Disproportionality
Despite the Lammy Review’s recommendations, individuals from minoritised backgrounds continue to face biases at every stage of the criminal justice process. This persistent issue underlines the need for systemic reform to ensure equity and fairness within our sentencing practices.
Next steps the government needs to take to change sentencing
As we approach this sentencing review, the Government must prioritise public safety through rehabilitation over populist punitive measures. Building more prisons to house a growing population is not a sustainable solution; instead, the Government must focus on alternatives that address the root causes of crime and best support people to build better lives.
By grounding future policies in evidence and ensuring community support systems are robust and accessible, we can foster safer communities and a more effective justice system. This moment is an opportunity to make a significant shift towards a criminal justice system that better serves us all.
