An independent review has recommended a wide range of reforms aimed at taking pressure off the UK’s ailing justice system.
The review has recommended that offenders should be released early as a reward for good behaviour, as well as advocating for a greater use of electronic monitoring and other technologies to make repeat offences less likely.
The review has also recommended the expansion of measures to prevent the perpetrators of violence against women and girls from reoffending if they are released early.
This follows the near-collapse of the UK prison system in Summer 2024 due to overcrowding, forcing the Labour government to reduce the custodial term of some sentences.
The report suggests an “earned progression model” would aim to lessen the pressure on prisons by enabling offenders to be more quickly released, in tandem with enhanced measures to monitor and recall them if they reoffend.
During the “custody stage” offenders are encouraged to behave well while in prison. This is followed by the “post-custody” stage, where they are released under close supervision.
The final stage is the “at-risk” stage, where monitoring is lessened but offenders can still be rapidly recalled in the event of a repeat offence.
Probation officers are given increased powers to adjust the levels of scrutiny applied to offenders following their release, since over half of all reoffending happens in the six months immediately after release.
This means they can focus their efforts on those who are most likely to reoffend. The report therefore recommends that the government invest more in probation officers and expand the use of monitoring technologies such as electronic tags.
In cases of violence against women and girls, it is particularly important to closely monitor released offenders in order to protect their victims.
The review therefore recommends the clear identification of perpetrators of sexual and domestic violence during the sentencing process, the expansion of specialist domestic abuse courts and providing increased information and transparency for victims.
The statutory purpose of sentencing would also be changed to oblige judges to consider the protection of victims as well as the punishment and rehabilitation of perpetrators.
The review also recommends that custodial sentences under 12 months should only be used in exceptional circumstances such as when offenders refuse to comply with court orders.
An increased use of deferred sentences for offenders with specific needs such as pregnant women or people with substance dependencies, and giving courts the ability to use ancillary orders such as travel bans are also recommended by the report.
The chair of the Independent Sentencing Review, David Gauke, said: “The scale of the crisis we are in cannot be understated. Overcrowded prisons are leading to dangerous conditions for staff and contributing to high levels of reoffending.
“We cannot build our way out of it. To stabilise the prison system and end the dangerous cycle of emergency releases the Government must take decisive action.
“These recommendations, which span the entirety of the justice system, are focused not only on bringing the prison population under control but ultimately reducing reoffending and ensuring victims are protected.
“Taken as a package, these measures should ensure the government is never again in a position where it is forced to rely on the emergency release of prisoners. I urge the Lord Chancellor and Prime Minister to act with bravery in their response.”
The Government has welcomed the findings of the review, and is expected to in principle accept the bulk of the recommendations in a statement in the House of Commons today.
The changes will likely be included in a future sentencing bill, except for the ability for the most dangerous offenders to earn early releases.
Responding to the review, Shadow Justice Secretary Robert Jenrick, said: “By scrapping short prison sentences Starmer is effectively decriminalising crimes like burglary, theft and assault. This is a gift to criminals who will be free to offend with impunity.
“If Starmer proceeds with halving sentences for dangerous offenders like killers, rapists and paedophiles that would be a slap in the face for victims. These people must be properly punished and locked up so they can’t terrorise communities.
“There are 10,800 foreign criminals clogging up our jails and 17,600 in prison awaiting trial. Those numbers are rising under Labour’s watch.
“If Starmer brought forward emergency measures to deport foreign criminals and get courts sitting longer we would support him, but instead he’s determined to see fewer criminals go to jail and risk the safety of the public.”
The recommendations of the review arrive against the background of significant debate over the efficacy and role of the UK’s policing and justice systems.
Earlier this month, The Sun reported that police are investigating an attack by the Southport killer Axel Rudakubana on a prison officer, leading to widespread questions over the safety of staff in overcrowded prisons.
The previous month an attack on prison officers by Hashem Abedi, one of the Manchester Arena Bombers, also took place.
The Prime Minister has already had to defend the courts imposing a 31 month prison term on Lucy Connoly, the wife of a Southampton Councillor, following a racist expletive-ridden tweet calling for hotels housing asylum seekers to be set on fire.
Meanwhile, the Sentencing Guidelines Bill, which seeks to prevent sentencing guidelines from referring to characteristics such as race and religion, is currently being scrutinised in a House of Lords committee.
