Statement on the Independent Sentencing Review

Today, the government has responded to recommendations from the Independent Sentencing Review, which was commissioned by the Justice Secretary last year to bring forward proposals to address the crisis in prison capacity.

While a number of early prison release measures were delivered by the previous and current governments to address this, last week the Justice Secretary announced that by November this year, prisons will be full in the male estate, and introduced another emergency fixed-term 28 day recall measure.

Led by former Conservative Lord Chancellor David Gauke, the Sentencing Review has recommended reforms to reduce reoffending and an over-reliance on custody to end the prison capacity crisis, primarily through:

• A new “earned progression model” of sentencing which will see offenders able to earn earlier release through good behaviour and compliance with prison rules after they have served a third or in some cases 50% of their custodial sentence, followed by an intensive supervision stage on licence in the community.
• Ensuring 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.

The review was assisted by a panel of expert members, including Director of the End Violence Against Women Coalition, Andrea Simon.

Further review recommendations impacting violence against women and girls (VAWG) offences and victims include: 

• Expansion of specialist domestic abuse courts (SDACs) to allow judges to build specialist knowledge of domestic abuse and make sure victims have access to the support they need
• Reviewing the support and services available to victims and witnesses, and continuing the provision of free copies of judges’ sentencing remarks to victims of rape and serious sexual offences
• Ensuring probation has the resources for delivering interventions for managing perpetrators, including electronic monitoring
• Training for criminal justice practitioners and judges to ensure appropriate sentencing and better risk management on domestic abuse cases, and that this training is reviewed regularly, to ensure that appropriate sentences are passed
• Ensuring there is better data to identify domestic abuse perpetrators at sentencing, so the right interventions are in place throughout the criminal justice system
• 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

Female offenders

Many of the review’s recommendations would reduce the number of women in prison. Recommendations to reduce the use of short custodial sentences would disproportionately impact women, who make up the majority of those handed a sentence of 12 months of less. In the year ending June 2024, 77% of women received such a sentence.

The review’s recommendations on deferred sentencing will also encourage more flexible sentencing options for pregnant women and mothers. Similarly, the review’s recommendation to extend the upper limit of suspended sentence orders to custodial sentences of up to three years will provide further flexibility for sentencers, which is particularly relevant for pregnant women.

The review also recommends providing sustainable and long-term funding to Women’s Centres and diverting 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.

Disproportionality in the criminal justice system

The review recognises that there is further work to be done to address a number of other issues that impact the prison population. This includes looking at specific demographic groups who are over-represented in custody compared to the general population – including individuals who are neurodivergent, those experiencing poor mental health, homelessness and rough sleeping, and, in particular, those from racially minoritised communities.

It recognises the importance of understanding the causes of any disproportionate outcomes in the criminal justice system and encourages the government to consider making this the focus of a bespoke exercise or review.

Government response

The government has accepted most of the review’s recommendations setting out that for violence against women and girls it will ensure that:

• Breaches of VAWG protection orderswill be excluded from the presumption against short sentences.
• Domestic abuse and stalking casesresulting in sentences of 12 months or less will continue to undergo a risk assessment which allows judges to consider if a short custodial sentence is required in these cases.
• Tagging for VAWG perpetrators increases, enabling closer monitoring of abusers to reassure victims and remove the onus from them to prove that breaches had occurred.
• Perpetrators of domestic abuse are identified at sentencing, requiring judges to flag domestic abuse so that prisons, probation and police can better identify and manage abusers.
• Expansion of Specialist Domestic Abuse Courts, bolstering support for victims and ensuring their abusers are properly supervised and rehabilitated.
• Bolstering transparency for victims at sentencing, including the provision of free copies of judges’ sentencing remarks for victims of rape and other sexual offences, and ensuring they receive the information and support they need to navigate the criminal justice system.

Management of sex offenders

The End Violence Against Women Coalition has concerns that government plans to adopt policies around chemical suppression of perpetrators of serious sexual offences does not adequately reflect the fact that violence against women and girls is rooted in gender inequality and harmful social attitudes, and is a violation of an individual’s human rights. Sexual violence is fundamentally about power and control and can often overlap with other forms of abuse.

It is therefore a concern that the government intends to proceed with a large expansion of what is currently a small pilot in the South West – a significant extension from the review’s recommendation to explore the evidence base.

Instead, we call on government to commit to putting momentum behind policies that explore the prevention of rape and other forms of VAWG more broadly.

Andrea Simon, Director of the End Violence Against Women Coalition (EVAW), said:

“Victims are being failed by our current system and drastic improvements are needed. Whilst prison can provide respite from relentless abuse, harassment and stalking for victims, we know offenders will be released into the community at some stage, and this should be in a managed way, with appropriate measures to address any risk they may pose, and with the clarity and transparency around those arrangements that victims deserve.

The crisis in prison capacity has led to a number of emergency release measures, which are sticking plasters for systemic issues in a very poorly functioning justice system that frequently lets victims of violence against women and girls down.  When victims lack certainty about when offenders can be released and receive poor communication about the criminal justice process and sentencing decisions, it compounds what is usually a lengthy and traumatic experience.

To safeguard and prevent more victims it is right to expect the government to address the root causes of crime and take action to bring down the high rate of re-offending. The current context means there must be a focus on keeping victims and the public safe by properly resourcing probation to effectively manage risk, and to have a focus on rehabilitating people who will come out of prison and go back into society, through breaking cycles of prolific offending which are frequently linked to a combination of factors including addictions, mental health issues, abuse and poverty.

For women in prison, it is vital we recognise that custody is frequently not the right place due to their vulnerabilities, such as being victims of crime themselves, or because they pose low-level of risk to the public. The rate of self-harm incidents is nine times higher in women’s prisons than men’s prisons, and the harms caused by imprisoning pregnant women are well established and we must ensure that the reforms to sentencing allow for pregnant women and new mothers to be supported in the community.

It is also vital that the government picks up the review’s proposal to conduct a bespoke piece of work on disproportionate outcomes in the criminal justice system, particularly affecting those from minoritised communities. Discrimination, racism and bias in the system also affects Black and minoritised victims’ experience of accessing justice and further erodes their trust and confidence.

When it comes to violence against women and girls, the vast majority of which goes unreported to the police, much more attention needs to be paid to preventing harm before it happens. This includes everything from reducing re-offending by perpetrators who are already known to the police, to looking beyond the criminal justice system and ensuring that quality relationships and sex education at school is properly resourced and delivered by experts, and that we tackle the normalisation of violence against women within society through sustained messaging and behaviour change campaigns.”

ENDS