Independent Sentencing Review

Statement

The following Statement was made in the House of Commons on Thursday 22 May.

“With your permission, Mr Speaker, I will make a Statement on sentencing in England and Wales. As the House will be aware, the independent sentencing review was published today. It was chaired by David Gauke and his panel comprised experts, including a former Lord Chief Justice, and representatives from the police, prisons, probation and victims’ rights organisations. The Government are grateful for the review’s recommendations, and I will ensure that a copy is deposited in the Libraries of both Houses. Today, I will set out our in-principle response.

First, however, it is essential that we set the review in its proper context. A year ago today, the Conservative party called an election. They did so because they were confronted by the prospect of prisons about to collapse. Rather than confront their failure, they chose to hide it and hoodwink the public into re-electing them. It did not work, but their legacy lives on.

Our prisons are, once again, running out of space and it is vital that the implications are understood. If our prisons collapse, courts are forced to suspend trials, the police must halt their arrests, crime goes unpunished, criminals run amok and chaos reigns. We face the breakdown of law and order in this country. It is shameful that, in this day and age, we are confronted by this crisis once more. The reasons are clear. The last Government added just 500 places to our prison estate, while at the same time, sentence lengths rose. As a result, the prison population is now rising by 3,000 each year and we are heading back towards zero capacity. It now falls to this Government to end this cycle of crisis. That starts by building prisons.

Since taking office, we have opened 2,400 places. Last week, I announced an additional £4.7 billion for prison building, putting us on track to hit 14,000 places by 2031, in the largest expansion since the Victorian era. That investment is necessary, but not sufficient. We cannot build our way out of this crisis. Despite building as quickly as we can, demand for places will outstrip supply by 9,500 in early 2028, and that is why I commissioned the sentencing review. Its task was clear: this country must never run out of prison places again. There must always be space for dangerous offenders.

At the same time, the review was tasked with addressing the fact that our prisons too often create better criminals, not better citizens. Instead of cutting crime, they are breeding grounds for it. The reviewers have followed the evidence and example of countries across the world. Today I present an initial response, with further detail to follow once legislation is placed before the House.

Let me start with the report’s central recommendation: the move to a three-part sentence called the earned progression model, which the Government accept in principle. Under the model, an offender will not necessarily leave prison at an automatic point. Instead, their release date will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. That echoes the model I witnessed in Texas earlier this year, which cut crime and brought their prison population under control.

Under the new model, offenders serving standard determinate sentences with an automatic release of 40% or 50% will now earn their release. The earliest possible release will be one-third, with additional days added for bad behaviour. The review suggests a new maximum of 50%, but for those who behave excessively badly, I will not place an upper limit. For those currently serving standard determinate sentences with an automatic release point of 67%, their earliest possible release will be 50%. Again, for those who behave excessively badly, I will not place an upper limit.

David Gauke also suggests that those serving extended determinate sentences should also earn an earlier release. This we will not accept. Judges give extended sentences to those they consider dangerous, with no Parole Board hearing until two-thirds of time served, and I will not change that. I can also confirm that no sentences being served for terror offences will be eligible for earlier release from prison.

In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and close management from probation. The Government will therefore significantly increase funding: by the final year of the spending review period, an annual £1.6 billion will rise by up to £700 million, allowing us to tag and monitor tens of thousands more offenders. If offenders do not comply with the conditions of their release, the sentencing review has suggested that recall to prison should be capped at 56 days. We have agreed to this policy in principle, though the precise details will be placed before the House when we legislate. In the final stage of the three-part sentence, offenders could still be recalled if a new offence is committed, and I will also ensure that the most serious offenders continue to be subject to strict conditions.

The review also recommends a reduction in short prison sentences. A compelling case for doing so has been proposed in this House many times. In the most recent data, nearly 60% of those receiving a 12-month sentence reoffended within a year. With reoffending rates for community punishment consistently lower, we must ask ourselves whether alternative forms of punishment would make the public safer. It is important, however, to note that the review recommends a reduction in short sentences, not abolition. It is right that judges retain the discretion to hand them down in exceptional circumstances. In considering exceptional circumstances, we will continue to ensure that courts have access to thorough risk assessments for domestic abuse and stalking cases, and breaches of protective orders linked to violence against women and girls will be excluded.

The review also recommends an extension of suspended sentences from two to three years. In this period, the prospect of prison time hangs over an offender should they break any conditions imposed upon them, and we accept that recommendation.

The recommendations set out above will see more community punishment. For that reason, it is essential that it works. The review recommends a series of measures to make community punishment tougher and force offenders to pay back to those they have harmed. We will consider new financial penalties, which could see offenders’ assets seized, even if they are not knowingly linked to crime, and expanded use of punishments such as travel and driving bans that would curtail offenders’ liberty.

We accept a recommendation to expand intensive supervision courts. Those impose tough conditions, including treatment requirements, that tackle the root causes of prolific offending. Offenders are brought before a judge regularly to monitor compliance, and the prospect of prison hangs over them like the sword of Damocles.

However, I believe community punishment must be tougher still. Unpaid work must pay back, so I will shortly bring together business leaders to explore a model whereby offenders work for them, and the salary is paid not to the offender but towards the good of victims. I will also work with local authorities to determine how unpaid work teams could give back to their communities, whether by filling potholes or cleaning up rubbish.

I invited David Gauke to consider cohorts of offenders who this Government believe require particular focus. I welcome his recommendations on female offenders. Approximately two thirds of female offenders receive short sentences. Around the same number are victims of domestic abusers. I am pleased to say that the review’s recommendation on short, deferred and suspended sentences will reduce the number of women in prison.

I asked David Gauke to consider how we tackle foreign national offenders. Today, our deportation rate is ahead of the last Government’s. I welcome the recommendations to make it quicker and easier to deport foreign criminals. Under the existing scheme, they are sent back to their country of origin after serving 50% of the custodial sentence. We will bring that down to 30%. We will also conduct further work with the Home Office on how we can deport foreign prisoners serving less than three years as soon as possible after their sentencing.