Independent Sentencing Review

 
 
 


The publication of the final report of the Independent Sentencing Review led by David Gauke has dominated the month. Russell Webster is covering the whole report in stages and Clinks have published a helpful summary. Here are some early thoughts about the report and the recommendations.

There is much to welcome in the report, although publicly defended on the grounds of overcrowding and cost, there are a number of bold proposals that speak to real recognition of the harms of overuse of prison and the history of underfunding rehabilitation.

We welcome proposals to:

  • Increase funding for probation and a commitment to a strong sustainable future

  • Ensure that sentencers make wider use of community sentences

  • Legislate against short sentences

  • Increase funding for the voluntary sector supporting probation

  • Expand the use of Women's Centres

  • Expand the use of Intensive Supervision Courts

  • Promote greater use of deferred sentences 

  • Introduce structural changes to release including the assumption of release at one third of the sentence

  • Abolish the Rehabilitation Activity Requirement and replace it with a Probation Requirement

  • Increase investment in Community Sentence Treatment Requirement providers

  • Develop a national strategy to establish a longer-term approach to managing the complex health needs of older prisoners

Taken together and fully implemented, the effect of these changes would be very significant and could as the report shows, expand community sentences and considerably reduce the prison population. In all of the above however, there is much to be considered and explained. As an example, the proposal to increase funding to the voluntary sector is particularly challenging if it is to reach the small effective organisations in communities. We welcome the view that greater and wider knowledge of the work of the voluntary sector is needed across the justice system. In restructuring release arrangements, care will be needed to avoid repeating the current levels of complexity.

There are a number of suggestions for research which we would support including researching the impact of deferred sentences, research into emerging technologies which add layers of insight into behaviour and risk, and research into disproportionate outcomes in the justice system. We also support robust research into understanding the benefits and risks of embedding pharmaceutical interventions into offender treatment practice.

We will be taking time with members (see below) to consider all the proposals but we may prioritise:

  • potential benefits and risks of new technologies for service transformation 

  • data sharing across the justice system

  • incentivising progression in custody and supervision in the community to avoid inequity and disadvantage

  • increasing the length of deferred sentences to 12 months 

There are some missed opportunities - for example we welcome the proposal for an external advisory board for prisons and probation, but this proposal omits mention of external scrutiny of probation which does not have an independent monitoring board. The report addresses "different groups of offenders" but does not address the continuing disproportionate numbers of Black, Asian and Minority Ethnic people in custody. We would like to see a proposal for expansion of community hubs supporting probation particularly in view of the positive research on the Newham Young Adults Hub. 

There is a missed opportunity to promote shared training opportunities for the voluntary sector - particularly through accessible, funded apprenticeships.

And above all, it is clear that much of the success of these recommendations depends on the Spending Review to be announced on June 11th. 

Image by Stefan Schweihofer from Pixabay

 
Richard Rowley