Sentencing Bill
The Sentencing Bill sets out reforms to sentencing, the management of offenders in custody and the Bail Act 1976. The Bill builds on some of the recommendations of the Independent Sentencing Review led by former Lord Chancellor, David Gauke.
The Sentencing Review was commissioned in response to the prison system crisis, with prison capacity dangerously close to being exceeded. The Bill’s stated purpose is to implement a number of the recommendations set out in the Sentencing Review to reduce reoffending, protect victims and restore public confidence in the justice system.
However, JUSTICE is concerned that measures will fail without sufficient resourcing, investment and training for the Probation Service and community-based organisations. We are also concerned by other measures which -in the absence of transparent and clear guidance - riskexacerbating pre-existing inequalities and infringing on rights protected under the ECHR.
Our briefing highlights the following areas:
Presumption against the use of short sentences and discretion to suspend short custodial sentences:
The Bill introduces a presumption against the use of short sentences of 12 months or less,providing judges with discretion to suspend short custodial sentences for up to three years and defer sentences for up to 12 months. Reforms to sentencing must be met with sufficient funding and resources to the Probation Service and associated community services, given these services are greatly overstretched. Training the courts on the use of community sentences is essential in ensuring that an increase in the use of suspended sentence orders corresponds to a reduction in the use of immediate custody rather than a reduction in the use of community orders.
New consent process for Sentencing Council guidance:
The Bill introduces a statutory obligation on the Sentencing Council to obtain the Lord Chancellor and Lady Chief Justice’s joint approval of all sentencing guidelines prior to issuing them as final, definitive guidelines. It is important that there is a separation between the executive and the judiciary, to uphold the rule of law and maintain the independence of the judiciary. The government should consider alternatives to ensuring “democratic oversight”.
New progression model for Standard Determinate Sentences (“SDS”):
The Bill sets new release points with respect to SDSs, however, release may be later than the minimum points, subject to the introduced progression model. Those subject to the scheme considered to be of ‘bad behaviour’ can be given added days by an independent adjudicator (“IA”). The number of added days that an IA can add to a sentence has been doubled. The introduction of a ‘progression model’ for release must be met with clear and objective guidance, for both individuals subject to the scheme and victims, and strengthening access to purposeful activity within prison. A review of accessibility to progression schemes and the adjudication system is necessary to address existing inequalities and prevent unintended consequences of the progression model. It is essential that electronic monitoring and licence conditions are implemented with fairness and proportionality.
Reforms to recall:
The Bill would extend fixed term recalls from 28 days to 56 days for qualifying SDS’s of any length. Evaluation of current recall schemes are necessary to ensure that further reforms will be effective in reducing reoffending, protecting the public and preventing individuals spending multiple short stints in prison.
Bail/Remand:
The Bill would extend the “no real prospect test” to defendants following conviction, narrowing the availability of exemptions to bail for this cohort where there is no real prospect of them receiving an immediate custodial sentence. Additionally, the provision limits the “no real prospect test” so that it no longer applies where there is a real prospect of a suspended sentence. Amendments to the “no real prospect test” require clarity to ensure that the changes align with the provisions in the Bill concerning the presumption against short sentences. JUSTICE strongly supports the important additions to “relevant factors” to be considered when determining Bail, includingpregnancy, being a primary caregiver, or a victim of domestic abuse. The government should take this opportunity to consider further reform to end the use of remand for an individual’s protection of welfare.
Sentencing Bill – House of Commons Second Reading (September 2025)
Read our briefing here.