Radical reforms to stabilise justice system and protect victims

The government should implement radical reforms to reduce reoffending and an overreliance on custody to end the prison capacity crisis, David Gauke's Independent Sentencing Review has recommended.

Inspired by reforms seen in Texas, the Review proposes a bold new “earned progression model” which will see offenders able to earn earlier release through good behaviour and compliance with prison rules.

To ensure the public are protected and offenders can be effectively managed in the community, the Review has recommended greater investment in the Probation Service and an expansion of technology such as electronic monitoring.

The Review also proposes better ways to identify and manage perpetrators of violence against women and girls (VAWG) and improve a system which often leaves victims feeling let down and confused.

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.”

To bring the prison population back under control, the Review recommends an ‘earned progression' model which will see offenders progress through three distinct stages: the custody stage, where offenders in prison are incentivised to behave; the post-custody stage, where offenders are managed under strict supervision and licence conditions in the community; and the at-risk stage, where offenders aren't actively supervised but can be recalled if they commit a new offence.

Under the proposed model, the point at which offenders can move between the stages depends on the type of sentence they receive:

• Prisoners on SDS sentences could move to the post-custody stage after serving one-third of their sentence providing they behave well. If not, they stay until halfway. Supervision continues until two-thirds of the sentence is served.
• Serious offenders (SDS sentences of 4+ years for violent or sexual crimes) could move to post custody stage at halfway, or later if they don't comply. They stay under active supervision until 80% of their sentence is complete.
• Dangerous offenders (on extended determinate sentences) could be eligible to apply for parole earlier – at halfway instead of two-thirds – if they earn “credits” by engaging in rehabilitation activities in prison. They would only be released if the Parole Board deems them safe. Similarly, they would only move from the post-custody to at-risk stage through proven compliance and at the discretion of a probation officer.

To enable effective management during the post-custody stage, the Review proposes a new, flexible system of community supervision. This allows probation officers to adjust the level of supervision based on risk and compliance with licence conditions. Over half of all reoffending happens within six months and nearly a third in the first three months. This approach ensures probation officers focus time and resources on those most at risk of reoffending, while supporting others to reintegrate safely.

In order for the government to implement these recommendations, the Review is clear for the need to increase funding and resources for the Probation Service, including expanding the availability of electronic monitoring equipment like tags.

Alongside the progression model, the review has identified several ways to reduce overreliance on custody and expand the range of punishment available outside of prison. The government should: 

• Ensure custodial sentences under 12 months are only used in exceptional circumstances such as non-compliance with court orders, to provide respite for domestic abuse victims, or for offenders given community orders or suspended sentence orders who reoffend.
• Extend the upper limit of Suspended Sentence Orders (SSOs) to up to three years and encourage greater use of deferred sentences for low-risk offenders with high needs, including pregnant women or those with substance dependencies.
• Give courts greater flexibility to use fine and ancillary orders like travel, driving and football bans to hit offenders where it hurts.

VAWG – including domestic abuse, sexual offences and stalking - remains a serious and persistent issue. The NPCC estimate it affects 1 in 12 women annually.  While custody is often necessary to protect victims, the prevention and effective management of offenders in the community are essential to reducing repeat offences and keeping victims safe. More widely, victims often feel let down by inconsistent, confusing, and poorly timed communication throughout the justice process.

To effectively manage perpetrators of VAWG, and improve clarity and support for victims as they navigate the justice system the Review recommends:

• Clearer identification of perpetrators of domestic abuse at sentencing to ensure the right interventions are in place to manage them in and out of prison.
• Expanding Specialist Domestic Abuse Courts to improve support for victims and ensure robust and rehabilitative perpetrator management.
• Expanding tagging for VAWG perpetrators helping victims to feel safe following release and preventing further offending.
• Improving training for practitioners and the judiciary on violence against women and girls to inform appropriate sentencing and offender management.
• Changing the statutory purposes of sentencing so judges and magistrates must consider protecting victims as much as they consider punishment and rehabilitation, when passing sentences.
• Improving transparency for victims including continuing to provide sentencing remarks to victims of rape and serious sexual assault and improving information and understanding about the time an offender will spend in custody.

Taken together as a package, these measures will continue to ensure victims are protected, the prison population is brought back under control and put the justice system back on a sustainable footing, ensuring there is always a prison place to lock up dangerous offenders.

ENDS

Notes to editors:

In the post-custody supervision stage the review recommends three levels of supervision:

• Level 3 – Enhanced supervision. For the highest-risk individuals, intensive measures such as the maximum level of GPS tracking and strict curfews.
• Level 2 – Supervision with curfew. For medium-risk offenders, this could include flexible curfews, for example, overnight only or during certain hours, or electronic monitoring which could be reduced over time if they comply.
• Level 1 – Basic supervision. For low-risk offenders, standard licence conditions including electronic tags if needed, and access to drug or alcohol treatment.

The Review also makes recommendations for specific cohorts of offenders, including:

• Deport Foreign National Offenders earlier by reducing the Early Removal Scheme (ERS) threshold from 50% to 30%, and immediately deporting FNOs given sentences of three years or less.
• Expand the use of intensive supervision courts for prolific offenders who are willing to work hard to turn their lives around and whose offending is often driven by drugs, alcohol or mental illness. 
• Provide more sustainable and long-term funding to Women's Centres, and divert vulnerable women away from custody by expanding the use of Liaison and Diversion services and considering a women's specific pathway as part of Drug and Alcohol treatment requirements.
• Explore options for  use of pharmaceutical interventions for treating offenders including chemical suppression for sex offenders and emerging medications to treat drug and alcohol dependency.