The Memo: Sentencing review could lead to overhaul of UK prison system

Concerns about the prison system in England and Wales continue to grow, especially since thousands of prisoners were released under the SDS40 early release scheme. It’s predicted that the prison system could run out of space again by late Summer 2025 if changes are not made. The government has now announced that David Gauke will be carrying out an independent review in a pledge to end the prison crisis, with public safety a top priority. This is in an effort to ensure that the emergency release of prisoners is never again necessary, and to make sure that the public are protected while serious offenders are punished. Records show that the UK’s prison population has roughly doubled in the last three decades, but only 500 new prison places were created in the last 14 years. The government has now committed to creating 14,000 extra prison places over the next ten years. 

The sentencing review is to follow three core principles in the hopes of ensuring a sustainable justice system. The first of these is ensuring that sentences protect the public whilst punishing the most serious offenders, making sure that there is room in prison for the most dangerous offenders. The next is to look at what can be done to encourage offenders to not reoffend, and the last is to explore tougher punishments outside of the prison system to make sure that sentencing cuts crime whilst making the best use of taxpayers’ money. 

The review may also mean that fewer women could be sent to jail. Some of the options considered here include scrapping short sentences and assessing the impact of sentencing on those with caring responsibilities. These areas of policy disproportionately affect female offenders and could lead to fewer women going to prison.  

Current statistics show that there are more than 3,600 female prisoners in England and Wales, making up around four percent of the total prison population. Only 12 of the 117 prisons in England and Wales are women’s prisons. Around two thirds of women in prison have committed non-violent offences, and more than half are victims of domestic abuse. Justice Secretary Shabana Mahood recently told the Labour party conference last month that she plans to reduce the number of women in the prison estate and close some women’s prisons. She also explained that a women’s justice board will be set up to lower the number of women sentenced to prison. The goal of this, and the sentencing review, is to ease pressures by offering alternatives to prison for non-violent and low-level offences. 

There are some factors which the government has specifically said will not be considered by the review. These include Imprisonment for Public Protection sentences, the use of remand, the youth sentencing framework, and out-of-court resolutions. The full report will be submitted to the Lord Chancellor by Spring 2025.