In January 2025, JUSTICE responded to the Call for Evidence for the Independent Sentencing Review 2024-2025 (the “Review”), led by the Rt Hon David Gauke, former Lord Chancellor and Secretary of State for Justice.
Launched in response to the ongoing prisons overcrowding crisis, the Review is tasked with re-evaluating our ‘sentencing framework’ (the set of rules informing decisions about how people convicted of crimes are punished).
This presents a real opportunity for the government to take a new approach to the criminal justice system, and opens a series of important questions:
- How effective are custodial prison sentences at reducing reoffending?
- How can technology improve the criminal justice system without undermining our human rights?
- How can our sentencing framework meet the needs of both vulnerable offenders and victims?
In its submission, JUSTICE highlights the following means of improving our current sentencing framework:
- Increasing alternatives to long prison sentences: Sentences have become longer and more severe, despite research showing that longer sentences are less effective at reducing reoffending and protecting the public. To decrease the reliance on long prison sentences, we recommend the introduction of dynamic sentencing, increasing the use of community sentences and strengthening the parole system to support rehabilitation.
- Supporting an evidence-based approach to sentencing: This necessitates a re-evaluation of some features of our current sentencing regime, like mandatory minimum sentences and community requirements. We also urge that technological innovations are introduced cautiously and targeted at genuine use cases, such as improving administrative processes.
- Improving the form and delivery of community sentences. There has been a decline in the use of community sentences and a correlative loss of confidence on the part of sentencers. JUSTICE recommends improving training to probation practitioners, the pre-sentence report process and community sentence requirements, to increase confidence in and use of community sentences.
- Learning from other countries and jurisdictions. To adopt common sense reforms to the way we approach sentencing, JUSTICE looked to the practice of other jurisdictions. We highlight the Norwegian ‘queuing’ system, the use of Substance Misuse Courts in Northern Ireland, and electronic monitoring in the Netherlands, as sources of inspiration for our own criminal justice system.
Please click here to read JUSTICE’s submission.
JUSTICE’s response builds on its previous work on prison and criminal justice reform, including our reports on Prosecuting Sexual Offences, A Parole System fit for Purpose and Tackling Racial Injustice.