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Independent review

Gauke Review

Independent Sentencing Review
Completed
David Gauke · Published 13 May 2025 · Commissioned by MoJ Justice & Legal

Index summary

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

Original evidence

Government Response

The Lord Chancellor, Shabana Mahmood, set out the Government's in-principle response in a Written Ministerial Statement on 22 May 2025, the day the review reported. The Government accepted the majority of recommendations in principle, including an earned-progression model under which release is influenced by behaviour, a reduction (rather than abolition) of short custodial sentences with judicial discretion retained, extension of suspended sentences from two to three years, and lowering the threshold for deporting foreign national offenders from 50% to 30% of the custodial term. It did not accept the recommendation to allow earlier release for offenders serving Extended Determinate Sentences. The Sentencing Bill was the legislative vehicle.

22 May 2025

Recommendations

Recommendation 1.1
Ministry of Justice

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Amend the statutory purposes of sentencing to emphasise the importance of protecting victims and reducing crime
Recommendation 2.1
Ministry of Justice

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Revise the sentencing framework to ensure sentencers can take full advantage of the flexibility of community sentencing, including financial penalties and ancillary orders
Recommendation 2.2
Sentencing Council

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Revise sentencing guidelines and probation frameworks to broaden the scope of punishment within community orders
Recommendation 2.3
Ministry of Justice

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Increase investment in providers of Community Sentence Treatment Requirements to increase accessibility for offenders with substance misuse or mental health issues
Recommendation 2.4
Ministry of Justice

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Simplify and strengthen community orders by abolishing the Rehabilitation Activity Requirement and introducing a broader Probation Requirement
Recommendation 3.1
Ministry of Justice

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Legislate to ensure short custodial sentences are used only in exceptional circumstances
Recommendation 3.2
Ministry of Justice

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Extend the upper limit of Suspended Sentence Orders to custodial sentences of up to three years
Recommendation 3.3
Ministry of Justice

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Extend the deferred sentencing period to 12 months
Recommendation 3.4
Ministry of Justice

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Encourage the use of deferred sentences for low-risk offenders with needs that can be addressed in the community
Recommendation 3.5
Sentencing Council

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The Sentencing Council should issue guidance on the use of deferred sentencing
Recommendation 3.6
Ministry of Justice

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Collect and publish data on deferred sentencing
Recommendation 3.7
Ministry of Justice

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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
Recommendation 3.8
Ministry of Justice

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Consider strengthening confiscation orders to ensure that the law can be applied fairly in practice
Recommendation 3.9
Ministry of Justice

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Consider establishing a criminal receivership scheme, including suspended receivership
Recommendation 4.1
Ministry of Justice

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Introduce an “earned progression” model for those serving standard determinate sentences
Recommendation 4.2
Ministry of Justice

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Introduce an “earned progression” model for those serving extended determinate sentences
Recommendation 4.3
Ministry of Justice

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Introduce a new model for recall for those serving standard determinate sentences, with stricter criteria and thresholds
Recommendation 4.4
Ministry of Justice

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Increase and tailor the use of open conditions where suitable for offenders
Recommendation 4.5
Ministry of Justice

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Improve investment in and access to accommodation in the community for offenders leaving prison and those serving sentences in the community
Recommendation 5.1
Ministry of Justice

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Launch a public awareness campaign on sentencing
Recommendation 5.2
Ministry of Justice

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Consider how to improve transparency about the length of time an offender spends in custody
Recommendation 5.3
Ministry of Justice

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Review the support and services available to victims and witnesses, addressing barriers to effective provision of information and support
Recommendation 5.4
Ministry of Justice

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Continue the provision of free copies of judge’s sentencing remarks to victims of Rape and Serious Sexual Offences
Recommendation 5.5
Ministry of Justice

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Improve identification of perpetrators of domestic abuse at sentencing to ensure the right interventions are in place to manage offenders
Recommendation 5.6
Ministry of Justice

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Expand provision of Specialist Domestic Abuse Courts
Recommendation 5.7
Ministry of Justice

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Improve training for criminal justice practitioners and the judiciary on violence against women and girls to inform appropriate sentencing and offender management
Recommendation 5.8
Ministry of Justice

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Equip the Probation Service with sufficient resources to manage perpetrators of violence against women and girls, including for electronic monitoring
Recommendation 6.1
Ministry of Justice

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Expand the availability of Intensive Supervision Courts to address prolific offending
Recommendation 6.2
Ministry of Justice

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Provide more sustainable and long-term funding to Women’s Centres
Recommendation 6.3
Ministry of Justice

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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
Recommendation 6.4
Ministry of Justice

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Collect and publish data on the use of prison as a “place of safety”
Recommendation 6.5
Ministry of Justice

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Commission a study of the impact and consequences of the Assault on Emergency Workers legislation
Recommendation 6.6
Ministry of Justice

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Increase the use of Early Release on Compassionate Grounds for suitable older offenders
Recommendation 6.7
Ministry of Justice

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Agree a strategy to manage older offenders’ complex health needs
Recommendation 6.8
Home Office

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Facilitate earlier removal of Foreign National Offenders
Recommendation 6.9
Ministry of Justice

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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
Recommendation 6.10
Ministry of Justice

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Continue to monitor emerging medications to treat drug and alcohol dependency
Recommendation 7.1
Ministry of Justice

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Increase investment in the Probation Service to support capacity and resilience
Recommendation 7.2
Ministry of Justice

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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
Recommendation 7.3
Ministry of Justice

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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
Recommendation 7.4
Ministry of Justice

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Increase the use of proven technologies in the Probation Service, to enable more meaningful engagement between practitioners and offenders on probation
Recommendation 8.1
Ministry of Justice

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Use existing technology more effectively to protect the public and improve rehabilitation
Recommendation 8.2
Ministry of Justice

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Invest in rapid expansion of successful pilots in technology used as part of offender supervision
Recommendation 8.3
Ministry of Justice

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Require all technology developed for offender management to be integrated with behavioural science
Recommendation 8.4
Ministry of Justice

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Improve data-sharing across agencies working with the Probation Service
Recommendation 8.5
Ministry of Justice

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Further collaborate with industry on research and development to explore new technologies for service transformation, including advanced AI
Recommendation 9.1
Ministry of Justice

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Introduce an external advisory body
Recommendation 9.2
Ministry of Justice

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Introduce a requirement for Ministers to make a statement to Parliament during the introduction of a new Bill on its impact on prison demand
No recommendations with this response.