Police professional | Sentencing Review launched to end ‘prison crisis’

Sentencing Review launched to end ‘prison crisis’

The government has launched an independent investigation into the punishment, which will examine the ‘hard alternatives’ to detention.

The review, which was unveiled on the day another 1,100 prisoners were released under an emergency plan to reduce overcrowding, will look at ways to “end the prison crisis”.

Chaired by former Lord Chancellor David Gauke, it will ensure that the most serious offenders can be sent to prison to protect the public, and that the country always has the space it needs to keep dangerous criminals locked up.

The prison population has roughly doubled in the last thirty years – but in the last fourteen years, only 500 places have been added to the country’s prison cell stock.

The government said it has committed to creating an additional 14,000 prison places and will set out a 10-year capacity strategy later this year.

In addition, the Sentencing Review, which was launched on Tuesday (22 October), will follow three core principles to ensure a sustainable justice system:

• Ensure that prison sentences punish serious offenders and protect the public, and that there is always room in prison for the most dangerous offenders;
• Look at what else can be done to encourage offenders to turn their backs on a life of crime and reduce recidivism; And
• Explore harsher punishments outside of prison to ensure that these punishments reduce crime.

The review will also specifically assess whether current sentencing for crimes against women and girls matches the seriousness of the act, and explore whether more can be done to tackle the prevalence of crimes.

Lord Chancellor and Justice Secretary Shabana Mahmood said: “This review, together with our prison building programme, will ensure that we never again have more prisoners than prison space.

“I believe in punishment. I believe in prison, but I also believe we need to increase the range of punishments we use. And that the prisoners who deserve the right to change their lives should be encouraged to do so.

“The Sentencing Review will ensure that prison and punishment work – and that there is always a cell waiting for dangerous offenders.”

She said the review will examine harsh alternatives to custody, such as using technology to place criminals in a ‘prison outside prison’ and forcing offenders to do hard work in the community that gives back to society.

The independent chair and panel will also look at evidence in this country as well as from overseas jurisdictions, such as the US, to explore alternative approaches to criminal justice.

Mr Gauke said: “It is clear that our prisons are not working. The prison population is increasing by about 4,500 every year, and almost 90 percent of those sentenced to custody are repeat offenders.

“This review will examine what punishment and rehabilitation should look like in the 21st century, and how we can move our justice system out of crisis and towards a sustainable long-term future.”

Among the areas to consider in the assessment are:

• The use and composition of non-custodial sentences, including community alternatives to imprisonment and the use of fines;
• The role of incentives in sentence administration and the powers of the probation service in the administration of sentences in the community;
• The use and impact of short custodial sentences;
• Sentencing, including when offenders are released from prison, how long they are supervised in the community on licence, recall to prison and how technology can support this; And
• Whether the sentencing framework should be adapted to take into account the specific needs or vulnerabilities of specific cohorts such as young adult offenders, older offenders and women.

Donna Jones and Danielle Stone, leaders of the Association of Police and Crime Commissioners, said: “Police and Crime Commissioners (PCCs) broadly support the sentencing review.

“Sentencing must protect the public, punish and rehabilitate the offender to prevent future crimes, while reassuring the public that the sentences imposed by the courts are proportionate to the harm caused.

“The announcement of the sentencing review on the day that 1,100 prisoners are released to serve the remainder of their sentences in the community underlines the urgent need to tackle prison overcrowding. We all want our justice system to reflect the needs of today and that means making sure the right people are put in prison for the right length of time.

“As PCCs we work with our partners in the criminal justice system to support victims and hope this review will result in a strong, victim-centred sentencing regime.”

Pavan Dhaliwal, CEO of Revolving Doors, said: “This review is very welcome and long overdue to ensure that we can move towards a justice system that both better serves victims and focuses on rehabilitation.

“Far too many people are held in overcrowded prisons with hugely costly and ineffective short sentences, not because they pose a danger to society, but because their health and social needs, such as substance abuse, mental health, homelessness and for many women, domestic violence , remain unfulfilled. .

“The evidence base is clear that community-based alternatives to short sentences are not only better at addressing root causes, but also lead to significantly lower recidivism rates, creating safer communities. By focusing on rehabilitation outside of prison we can break the cycle of recidivism, ensure justice for victims and reduce the pressure on our prison system. This historic review is an opportunity to transform our approach and make lasting change.”

Andrea Coomber KC, chief executive of the Howard League for Penal Reform, said: “The trend towards imposing ever longer sentences has brought the criminal justice system to the brink of collapse. An independent review offers a unique opportunity to deliver a more humane and effective response to crime and a sustainable solution to the prison capacity crisis.

“For too long, criminal justice policy has been judged on whether it appears ‘hard’ or ‘soft’, while what really matters is whether it works. Rising penalties place unbearable pressure on the system, and dealing with the consequences takes valuable resources away from preventing crime and supporting victims.

“We can put things right if we shift our focus from the length of sentences to what people do while they are serving them. Ensuring people get the support they need to leave crime behind will make everyone safer.”

Tom Franklin, chief executive of the Magistrates’ Association, said: “The Magistrates’ Association welcomes the announcement of this wide-ranging review, which will look at sentencing, punishment and rehabilitation, and aims to enable the criminal justice system to move from its current state of crisis towards a sustainable future.

“We are pleased that the review will consider whether the sentencing framework should be changed to take into account women, young adult offenders and older offenders. We are also pleased that the review will look at non-custodial sentences, including community alternatives to prison. Short prison sentences are rarely effective in reducing recidivism, so we would support measures to reduce their use.

“However, two factors are critical to reducing it: firstly, expanding the reach and availability of prison options, and secondly, increasing resources for the probation service to advise magistrates and arrest offenders tackle the community.

“However, the fact remains that criminal justice has been underfunded over the past decade, so for this review to achieve its objectives it must be underpinned by a sustained and considered long-term investment in the whole criminal justice system, from prisons, courts, probation and legal aid.

“With the Budget being announced in just over a week, we hope the government will find room in its spending plans for justice.”