Independent Sentencing Review 2024 to 2025

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Independent Sentencing Review 2024 to 2025 – Terms of Reference:

In Summer 2024, the capacity pressures on the prison system brought it dangerously close to total collapse. On taking office, the new government was forced to announce emergency measures that reduced the custodial term of some standard determinate sentences from 50 percent to 40 percent of a sentence.

This review of sentencing is tasked with a comprehensive re-evaluation of our sentencing framework. Its goal is to ensure we are never again in a position where the country has more prisoners than prison places, and the government is forced to rely on the emergency release of prisoners.

To do so, the review will be guided by 3 principles:

firstly, sentences must punish offenders and protect the public - there must always be space in prison for the most dangerous offenders
secondly, sentences must encourage offenders to turn their backs on a life of crime, cutting crime by reducing reoffending
thirdly, we must expand and make greater use of punishment outside of prison

In developing their recommendations, the independent Chair and panel are encouraged to draw not only on national data but also on international comparisons. This sentencing framework must follow the evidence of what reduces offending.

Sentencing is a matter for the independent judiciary and the review will therefore not look at sentencing in individual cases or the role of the judiciary.

The review will provide long term solutions for our justice system by:

examining the use and composition of non-custodial sentences, including robust community alternatives to prison and the use of fines
looking at the role of incentives in sentence management and the powers of the probation service in the administration of sentences in the community
looking at the use and impact of short custodial sentences
reviewing the framework around longer custodial sentences, including the use of minimum sentences, and the range of sentences and maximum penalties available for different offences
looking at the administration of sentences, including the point at which offenders are released from prison, how long they are supervised in the community on licence, recall to prison, and how technology can support this
considering whether the sentencing framework should be amended to take into account the specific needs or vulnerabilities of specific cohorts, such as young adult offenders, older offenders, and women
considering the approach to sentencing in cases of prolific offenders
considering specifically sentencing for offences primarily committed against women and girls

There are some important areas which we consider are best-placed to be progressed outside of the review. The review will not consider:

the Imprisonment for Public Protection (IPP) sentence or the administration of it
the use of remand
the youth sentencing framework
wholesale reform of the murder sentencing framework: Whilst the review may consider the impact of sentencing for murder on the wider sentencing framework, the department is considering wholesale reform of homicide law and sentencing separately
out of court resolutions

The review should submit its findings in full to the Lord Chancellor by Spring 2025.

Appointment of an Independent Panel

The Lord Chancellor has now appointed an Independent Panel to deliver this important work alongside the Chair, Rt Hon David Gauke. The diverse and esteemed panel represent a wealth of expertise within the Criminal Justice System. The Chair and Panel will work closely together to deliver to the Independent Sentencing Review’s Terms of Reference. Members include:

The Rt. Hon David Gauke - Chair to the Independent Sentencing Review

David Gauke was Lord Chancellor and Secretary of State for Justice between 8 January 2018 and 24 July 2019, the first solicitor to become Lord Chancellor. He was Secretary of State for Work and Pensions from June 2017 to January 2018. He was elected the Conservative MP for Hertfordshire South West in May 2005. He is also Head of Public Policy at Macfarlanes.

Lord Burnett

Lord Burnett is a former Lord Chief Justice of England and Wales.

Catherine Larsen KPM

Catherine Larsen KPM is a former Police Inspector with Avon and Somerset Police with over 30 years experience including operational and critical incident management. As a qualified trainer, teacher and assessor has developed numerous specialist programmes within policing and has led on change and innovation including as Implementation Lead for the Degree Holder Entry Programme during the height of the COVID 19 pandemic. Experience in strategic national change programmes, notably Op Soteria, the programme of work to transform the way police investigate rape and serious sexual offences, and the Police and CPS Joint National Rape Action Plan.

Sir Peter Lewis KCMG, CB

Sir Peter Lewis KCMG, CB is a retired prosecutor serving from 2007 until 2016 as the Chief Executive of the Crown Prosecution Service. Between 2018 and 2023 he was Registrar of the International Criminal court in the Netherlands.

Nicola Padfield KC (Hon)

Nicola Padfield KC (Hon) is Emeritus Professor of Criminal and Penal Justice at the Law Faculty, University of Cambridge, where she has worked for more than 30 years. She was Master of Fitzwilliam College, Cambridge from 2013 - 2019 and is now a Life and Honorary Fellow. She has a broad research lens, engaged in both ‘hard’ law and in socio-legal-criminological research. She is an expert on sentencing law, including the law and practice of release from (and recall to) prison. A barrister by training, she sat as a Recorder (part-time judge) in the Crown Court from 2002-2014, and is a Bencher of the Middle Temple, where she previously chaired the Education and Training Committee.

Andrea Simon

Andrea was appointed End Violence Against Women’s (EVAW) Director in 2021, to lead the organisation’s influential work improving responses to women and girls at risk of and experiencing abuse. EVAW is a UK-wide coalition of more than 160 women’s organisations, NGOs, and researchers working to end all forms of violence against women and girls (VAWG). Andrea is also a member of the London Policing Board and Co-Chair of the London VAWG Board at the Mayor’s Office for Policing and Crime.

Andrea has worked in the ending violence against women and girls (VAWG) sector since 2017. Prior to this she worked on policy and campaigns to tackle child trafficking, and has a decade’s experience as a senior researcher in Parliament.

Michael Spurr CB

Michael Spurr worked in Prisons and Probation for 36 years. He was Governor at HMYOI Aylesbury, HMP Wayland and HMP/YOI Norwich before joining HM Prison Service Management Board in 2003. He was Chief Executive of the National Offender Management Service / HM Prison and Probation Service from 2010-2019. Michael is currently Chair at the Butler Trust and Chair at Whitechapel Mission - providing services to the homeless in East London.

Independent Sentencing Review 2024 to 2025

Applies to England and Wales