A former Conservative lord chancellor will lead a landmark sentencing review to end the prison population crisis, the government has announced on the day more offenders were released earlier than planned to ease overcrowding.

In an announcement on Monday night, the Ministry of Justice declared that public safety will be at the heart of the review, to be led by solicitor David Gauke.

Prison reform was a top priority for Gauke, who served as lord chancellor in Theresa May's government. Gauke, the son of a policeman, has previously said short sentences should only be imposed where absolutely appropriate and more community sentences should be handed down.

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The review will follow three ‘core principles’:

  • Make sure prison sentences punish serious offenders and protect the public, and there is always the space in prison for the most dangerous offenders;
  • Look at what more can be done to encourage offenders to turn their backs on a life of crime, and keep the public safe by reducing reoffending; and
  • Explore tougher punishments outside of prison to make sure these sentences cut crime while making the best use of taxpayers’ money.

The review will not consider the imprisonment for public protection sentence, remand, youth sentencing framework and out-of-court resolutions.

Lord chancellor Shabana Mahmood said: ‘This government inherited prisons in crisis, within days of collapse. This review, along with our prison building programme, will ensure we never again have more prisoners than prison spaces.

‘I believe in punishment. I believe in prison, but I also believe that we must increase the range of punishments we use. And that those prisoners who earn the right to turn their lives around should be encouraged to do so.

‘The Sentencing Review will make sure prison and punishment work - and that there is always a cell waiting for dangerous offenders.’

The review has been widely welcomed.

Law Society president and criminal law specialist Richard Atkinson, said: 'It is high time for an examination of alternatives to the use of custody, which is an expensive and often counterproductive form of punishment. 

However, prison overcrowding is just one part of the wider crisis across our criminal justice system including huge court backlogs, crumbling courtrooms and too few lawyers to do all the work. For the government’s plans to work, the whole criminal justice system needs to be appropriately funded, including defence solicitors.'

Bar Council chair Sam Townend KC said addressing sentences and prison capacity was a ‘necessary prerequisite’ to reducing Crown court delays and cutting the case backlog.

Pavan Dhaliwal, chief executive of justice reform organisation Revolving Doors, said many people were in prison not because they posed a danger to society but because their health and social needs, such as substance misuse, mental health and homelessness, remained unmet.

The Magistrates' Association was pleased to see the review cover non-custodial sentences, including community alternatives to prison. Chief executive Tom Franklin said short-term prison sentences are rarely effective in reducing reoffending. 

Two factors are critical in the reduction of short-term prison sentences, Franklin added. 'Firstly, the expansion of the range and availability of community sentence options. Secondly, there must be increased resourcing for the probation service to advise magistrates and to manage offenders in the community.'

 

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