The Sentencing Review: a much-needed opportunity for a criminal justice reset
This is a blog by our Communications and Campaigns Officer, Isabelle Gius.
On 21st October, Lord Chancellor and Secretary of State for Justice, Shabana Mahmood, announced that the Government would be undertaking an independent sentencing review, following through on its election pledge.
The announcement is the latest measure that the Labour Government has taken in order to address the increasingly unsustainable prison system in England and Wales. As Shabaha Mahmood acknowledged in July when announcing emergency changes to the early release scheme to prevent a prison capacity crisis: “Our prisons are on the point of collapse.”
The prison population has risen by 93% in the past 30 years, and England and Wales has one of the highest imprisonment rates in western Europe. Sentence inflation over successive governments has meant that concerns about overcrowding have overshadowed the urgent need for rehabilitation and reducing reoffending. Over the last 10 years, the average custodial sentence length for indictable offences has increased from 18 months to almost 2 years, and use of the most severe sentences – including life sentences – has also increased.
The sentencing review is an opportunity for a much-needed reset and the development of long-term solutions to the ongoing crisis plaguing our Criminal Justice System.
What will the sentencing review do?
The review will be led by former Conservative Lord Chancellor, David Gauke, following 3 core principles:
- firstly, sentences must punish offenders and protect the public – there must always be space in prison for the most dangerous offenders
- secondly, sentences must encourage offenders to turn their backs on a life of crime, cutting crime by reducing reoffending
- thirdly, we must expand and make greater use of punishment outside of prison
The sentencing review will develop recommendations on a new sentencing framework. In particular, the announcement from the Ministry of Justice emphasises the role of non-custodial sentences and community alternatives to prison, as well as the specific needs of specific cohorts of offenders, such as young people and women.
The review will submit its findings by Spring 2025.
What is the role of Restorative Justice?
If the Government is to follow through on its commitments – particularly the second guiding principle to “encourage offenders to turn their backs on a life of crime” – Restorative Justice must be part of the solution. We know that Restorative Justice reduces reoffending, supports victims, and saves money. When people who commit crimes are confronted with the impact of their actions, this is a powerful motivator to turn their lives around.
Why me? welcomes the announcement and looks forward to engaging with the review.
CEO Sara Dowling commented on last week’s announcement:
Our criminal legal system is broken and disproportionately impacts marginalised and disadvantaged communities. Overcrowded prisons, with numbers which have grown even when crime has decreased, do not rehabilitate, damage lives, and are expensive.
Reducing reoffending, exploring alternatives to custodial sentencing, and saving money are core principles of the review. To deliver on these principles, the review must consider the potential of Restorative Justice. Restorative Justice is a transformative and underutilised tool that supports victims’ healing, reduces reoffending, and saves money.
Everyone agrees that urgent change is needed, and we believe that this sentencing review is a key opportunity for a reset, and a move towards a system that is more just, equitable, and effective. We are looking forward to engaging with the review to ensure that all opportunities to embed Restorative Justice are explored and access to this transformative tool is strengthened.
