Independent review

Independent Sentencing Review

48 recommendations · government responded 22 May 2025

Chaired by David Gauke · Published 22 May 2025 · Commissioned by MoJ

Government response

The government responded to the review on 22 May 2025.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government sets out an in-principle response to the Review, accepting its central "earned progression model" in principle, with further detail to follow once legislation is placed before the House.

  • The government "accepts this in principle" for the three-part sentence, with release dates determined by behaviour. It says it will not place an upper limit beyond the full sentence for those who behave "excessively badly", where the Review suggested a new maximum of 50 percent.
  • It has "rejected" the recommendation to change the structure of Extended Determinate Sentences, and says no sentences served for terror offences will be eligible for earlier release.
  • It has "agreed to this policy, in principle" of capping recall to prison at 56 days, with precise details to be placed before the House when it legislates. It also accepts extending the length of custodial sentences that can be suspended from two to three years.
  • Probation's annual £1.6 billion spend will rise by "up to £700 million" by the final year of the spending review period. Foreign national offenders' early removal point will move from 50 to 30 percent of the sentence.

Read the government's response ↗ Report an error

About this review

Summary written by this site
Independent review of sentencing in England and Wales examining whether the current framework is effective at reducing reoffending, protecting the public, and delivering justice.

Recommendations 48

Recommendation 1.1

Addressed to Ministry of Justice

Amend the statutory purposes of sentencing to emphasise the importance of protecting victims and reducing crime

Link to recommendation 1.1

Recommendation 2.1

Addressed to Ministry of Justice

Revise the sentencing framework to ensure sentencers can take full advantage of the flexibility of community sentencing, including financial penalties and ancillary orders

Link to recommendation 2.1

Recommendation 2.2

Addressed to Sentencing Council

Revise sentencing guidelines and probation frameworks to broaden the scope of punishment within community orders

Link to recommendation 2.2

Recommendation 2.3

Addressed to Ministry of Justice

Increase investment in providers of Community Sentence Treatment Requirements to increase accessibility for offenders with substance misuse or mental health issues

Link to recommendation 2.3

Recommendation 2.4

Addressed to Ministry of Justice

Simplify and strengthen community orders by abolishing the Rehabilitation Activity Requirement and introducing a broader Probation Requirement

Link to recommendation 2.4

Recommendation 3.1

Addressed to Ministry of Justice

Legislate to ensure short custodial sentences are used only in exceptional circumstances

Link to recommendation 3.1

Recommendation 3.2

Addressed to Ministry of Justice

Extend the upper limit of Suspended Sentence Orders to custodial sentences of up to three years

Link to recommendation 3.2

Recommendation 3.3

Addressed to Ministry of Justice

Extend the deferred sentencing period to 12 months

Link to recommendation 3.3

Recommendation 3.4

Addressed to Ministry of Justice

Encourage the use of deferred sentences for low-risk offenders with needs that can be addressed in the community

Link to recommendation 3.4

Recommendation 3.5

Addressed to Sentencing Council

The Sentencing Council should issue guidance on the use of deferred sentencing

Link to recommendation 3.5

Recommendation 3.6

Addressed to Ministry of Justice

Collect and publish data on deferred sentencing

Link to recommendation 3.6

Recommendation 3.7

Addressed to Ministry of Justice

Lengthen Serious Crime Prevention Orders to allow them to apply for the duration of an offender’s time in custody as well as for five years after release

Link to recommendation 3.7

Recommendation 3.8

Addressed to Ministry of Justice

Consider strengthening confiscation orders to ensure that the law can be applied fairly in practice

Link to recommendation 3.8

Recommendation 3.9

Addressed to Ministry of Justice

Consider establishing a criminal receivership scheme, including suspended receivership

Link to recommendation 3.9

Recommendation 4.1

Addressed to Ministry of Justice

Introduce an “earned progression” model for those serving standard determinate sentences

Link to recommendation 4.1

Recommendation 4.2

Addressed to Ministry of Justice

Introduce an “earned progression” model for those serving extended determinate sentences

Link to recommendation 4.2

Recommendation 4.3

Addressed to Ministry of Justice

Introduce a new model for recall for those serving standard determinate sentences, with stricter criteria and thresholds

Link to recommendation 4.3

Recommendation 4.4

Addressed to Ministry of Justice

Increase and tailor the use of open conditions where suitable for offenders

Link to recommendation 4.4

Recommendation 4.5

Addressed to Ministry of Justice

Improve investment in and access to accommodation in the community for offenders leaving prison and those serving sentences in the community

Link to recommendation 4.5

Recommendation 5.1

Addressed to Ministry of Justice

Launch a public awareness campaign on sentencing

Link to recommendation 5.1

Recommendation 5.2

Addressed to Ministry of Justice

Consider how to improve transparency about the length of time an offender spends in custody

Link to recommendation 5.2

Recommendation 5.3

Addressed to Ministry of Justice

Review the support and services available to victims and witnesses, addressing barriers to effective provision of information and support

Link to recommendation 5.3

Recommendation 5.4

Addressed to Ministry of Justice

Continue the provision of free copies of judge’s sentencing remarks to victims of Rape and Serious Sexual Offences

Link to recommendation 5.4

Recommendation 5.5

Addressed to Ministry of Justice

Improve identification of perpetrators of domestic abuse at sentencing to ensure the right interventions are in place to manage offenders

Link to recommendation 5.5

Recommendation 5.6

Addressed to Ministry of Justice

Expand provision of Specialist Domestic Abuse Courts

Link to recommendation 5.6

Recommendation 5.7

Addressed to Ministry of Justice

Improve training for criminal justice practitioners and the judiciary on violence against women and girls to inform appropriate sentencing and offender management

Link to recommendation 5.7

Recommendation 5.8

Addressed to Ministry of Justice

Equip the Probation Service with sufficient resources to manage perpetrators of violence against women and girls, including for electronic monitoring

Link to recommendation 5.8

Recommendation 6.1

Addressed to Ministry of Justice

Expand the availability of Intensive Supervision Courts to address prolific offending

Link to recommendation 6.1

Recommendation 6.2

Addressed to Ministry of Justice

Provide more sustainable and long-term funding to Women’s Centres

Link to recommendation 6.2

Recommendation 6.3

Addressed to Ministry of Justice

Ensure female offenders receive appropriate support by (1) expanding the use of liaison and diversion and (2) considering a women’s specific pathway as part of Drug and Alcohol treatment requirements

Link to recommendation 6.3

Recommendation 6.4

Addressed to Ministry of Justice

Collect and publish data on the use of prison as a “place of safety”

Link to recommendation 6.4

Recommendation 6.5

Addressed to Ministry of Justice

Commission a study of the impact and consequences of the Assault on Emergency Workers legislation

Link to recommendation 6.5

Recommendation 6.6

Addressed to Ministry of Justice

Increase the use of Early Release on Compassionate Grounds for suitable older offenders

Link to recommendation 6.6

Recommendation 6.7

Addressed to Ministry of Justice

Agree a strategy to manage older offenders’ complex health needs

Link to recommendation 6.7

Recommendation 6.8

Addressed to Home Office

Facilitate earlier removal of Foreign National Offenders

Link to recommendation 6.8

Recommendation 6.9

Addressed to Ministry of Justice

Build a comprehensive evidence base around the use of chemical suppression for sex offenders and explore options for continued funding of services in this area

Link to recommendation 6.9

Recommendation 6.10

Addressed to Ministry of Justice

Continue to monitor emerging medications to treat drug and alcohol dependency

Link to recommendation 6.10

Recommendation 7.1

Addressed to Ministry of Justice

Increase investment in the Probation Service to support capacity and resilience

Link to recommendation 7.1

Recommendation 7.2

Addressed to Ministry of Justice

Increase funding available for the third sector to support the Probation Service to manage offenders in the community and enable increased commissioning of local organisations

Link to recommendation 7.2

Recommendation 7.3

Addressed to Ministry of Justice

Expand the use of the third sector to support offenders on community sentences and licence, to help the Probation Service prioritise resource and improve outcomes for offenders

Link to recommendation 7.3

Recommendation 7.4

Addressed to Ministry of Justice

Increase the use of proven technologies in the Probation Service, to enable more meaningful engagement between practitioners and offenders on probation

Link to recommendation 7.4

Recommendation 8.1

Addressed to Ministry of Justice

Use existing technology more effectively to protect the public and improve rehabilitation

Link to recommendation 8.1

Recommendation 8.2

Addressed to Ministry of Justice

Invest in rapid expansion of successful pilots in technology used as part of offender supervision

Link to recommendation 8.2

Recommendation 8.3

Addressed to Ministry of Justice

Require all technology developed for offender management to be integrated with behavioural science

Link to recommendation 8.3

Recommendation 8.4

Addressed to Ministry of Justice

Improve data-sharing across agencies working with the Probation Service

Link to recommendation 8.4

Recommendation 8.5

Addressed to Ministry of Justice

Further collaborate with industry on research and development to explore new technologies for service transformation, including advanced AI

Link to recommendation 8.5

Recommendation 9.1

Addressed to Ministry of Justice

Introduce an external advisory body

Link to recommendation 9.1

Recommendation 9.2

Addressed to Ministry of Justice

Introduce a requirement for Ministers to make a statement to Parliament during the introduction of a new Bill on its impact on prison demand

Link to recommendation 9.2

All text above is the review's.