Is the government on track with its pledge to conduct a review of sentencing?

Updated 18 November 2024
Pledge

“Labour will carry out a review of sentencing to ensure it is brought up to date”

Labour manifesto page 71

Our verdict

A review of sentencing has been announced to deal with what the government says is a “prisons crisis”, and it is due to report in spring 2025.

What does the pledge mean? 

Labour’s manifesto pledged to “carry out a review of sentencing to ensure it is brought up to date”. 

The length and type of sentence a person receives following a court hearing is determined by judges and magistrates, both of whom are independent of Parliament and government so that they can “make decisions freely and fairly”. These decisions must adhere to sentencing guidelines

The manifesto pledge does not, therefore, relate to specific sentences given to particular individuals or the role of the judiciary. It’s been framed to address what the government calls the “prison crisis”, with the need to free up space to ensure there are sufficient prison places for the number of prisoners in England and Wales. It is also intended to prevent the government from having to release prisoners early, as it has done in the past, in order to make room for others.  

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What progress has been made?

This pledge appears to be on track. 

On 21 October 2024, the government announced the launch of its independent review into sentencing, which will be chaired by former Conservative Lord Chancellor David Gauke. 

The government has said the review “will follow three core principles to ensure a sustainable justice system”. These are ensuring sentences punish offenders and protect the public, reducing reoffending and exploring tougher punishments outside of prison. 

The review will also look specifically at the treatment of crimes against women and girls—identified as a national threat by the previous government—to ascertain whether current sentencing “fits the severity of the act”, and whether more can be done to tackle prolific offending.

Quoted at the launch of the review Mr Gauke said: “Clearly, our prisons are not working. The prison population is increasing by around 4,500 every year, and nearly 90% of those sentenced to custody are reoffenders. 

“This review will explore what punishment and rehabilitation should look like in the 21st century, and how we can move our justice system out of crisis and towards a long-term, sustainable future.”

The review will submit its findings to the Lord Chancellor by “Spring 2025”. 

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