What will the Sentencing Review mean for justice-involved families?

David Gauke’s Independent Sentencing Review, published this week, calls for immediate reform to the sentencing framework in England and Wales. The 192-page report offers the government 48 recommendations to ensure a sustainable criminal justice system, including early release on licence for some prisoners. But what will it mean for defendants, people in prison, and their families?

Here, we break down some of the report’s key themes and answer frequently asked questions…

Why is this happening?

The prison population has nearly doubled over the past 30 years, and projections suggest that we will be 9,500 prison places short by 2028. While the government is continuing to invest £4.7 billion in prison building, there is an urgent need to address the crisis and stop prisons running out of space for individuals who pose the most serious risk to the public.

Pact CEO Andy Keen-Downs CBE said: “The proposals set out in the review are sensible and much needed. For too long, sentencing has been driven by a ‘tough on crime’ political narrative that prioritises punitive measures over those proven to reduce crime and prevent reoffending." You can read Pact's full response here: Sentencing Review highlights urgent need for improved regimes and engagement with prisoners’ families

More use of community alternatives to custody

The report recommends revising the sentencing framework to scrap most short custodial sentences, instead focusing on community sentences, electronic tagging, and fines.

Custodial sentences of less than 12 months should, the report insists, only be used in exceptional circumstances. These circumstances include non-compliance with court orders, domestic abuse cases where the victim needs respite, or people who reoffend while on community orders.

Suspended Sentence Orders (SSOs) could be allowed for up to three years. They would be used for those deemed low risk, such as people with substance abuse issues or pregnant women.

Early release through “earned progression”

The report recommends people in prison be released earlier through “earned progression”, whereby they complete work and training and demonstrate good behaviour. 

The “third/third/third” system would see prisoners on standard determinate sentences (SDS) – a fixed-length prison term – released under supervision after serving one-third of their sentence (rather than halfway). They would then spend the remaining third of their sentence on licence, but unsupervised.

People on SDS convicted of serious sexual and violent offences would be released at the halfway point if they have engaged with prison regimes. If not, they would be released at the two-thirds point, with supervision in the community until 80% of their sentence had been served.

People on extended determinate sentences - fixed-term sentences of more than four years for violent or sexual offences - would have their first parole hearing brought forward from the two-thirds point to the halfway point. They would still only be released at this stage after a successful Parole Board hearing.

Stricter conditions for recall

The number of people recalled to prison has more than doubled over the seven-year period from March 2018 to 2025. The report proposes a new model for recall for those serving standard determinate sentences, whereby it is only used for "consistent non-compliance with licence conditions" or "specific and imminent risk". There will also be a longer Fixed-Term Recall (FTR) period to reflect this more serious non-compliance and risk, replacing short-term recalls.

Chemical castration of people convicted of sex offences

A huge deal of media focus has been on voluntary chemical castration for people convicted of sexual offences. Chemical castration is a treatment that uses medication to reduce the body’s production of hormones like testosterone. The treatment aims to lower libido and sexual activity, thereby reducing the risk of future offending.

The report proposes that a pilot scheme begun in the southwest should extend to 20 more prisons. However, this will only affect a small number of prisoners.

Earlier deportation of foreign national prisoners

The review recommends earlier deportation of foreign national prisoners by lowering the eligibility threshold for the Early Removal Scheme from 50% to 30% of their sentence. Additionally, it proposes immediate deportation for foreign nationals sentenced to three years or less, eliminating the requirement to serve any time in a UK prison.

What is not included in the review?

The review does not consider:

• Imprisonment for Public Protection (IPP) sentences
• the use of remand
• the youth sentencing framework
• Out-of-court resolutions

When will these recommendations come into effect?

The Gauke recommendations will go to Justice Secretary Shabana Mahmood, who must decide whether to implement them. Most of the recommendations have been accepted in principle, with a Sentencing Bill due in the coming months.

Where can I find support and advice?

Pact runs the Prisoners’ Families Helpline on behalf of HMPPS. The team can respond to your questions and concerns and advise on supporting you and your loved one during their sentence or trial. You can call on 0808 808 2003 (freephone) or email info@prisonadvice.org.uk.

Victim Support is a charity dedicated to providing free, confidential support to victims of crime and traumatic incidents in England and Wales. You can call them on 0808 16 89 111 or find out more at https://www.victimsupport.org.uk/.

If you have a loved one in prison, you can find your local Pact Family Services team here: Prisons

We will be updating this article as the Sentencing Bill progresses - bookmark it so you can return to it later.