David Gauke's Sentencing Review | Nacro responds

Nacro responds to the government announcement that they will accept key recommendations set out in the Sentencing Review

Nacro responds to David Gauke’s Independent Sentencing Review, released today (22.05.2025). The review addresses the ongoing prison capacity crisis in England and Wales and provides recommendations to the government to reform the criminal justice system.

Published:

The Justice Secretary Shabana Mahmood has set out her intention to accept the majority of key measures recommended in the Sentencing Review released today. The Independent Review, led by Former Lord Chancellor David Gauke was commissioned in response to the escalating prison overcrowding crisis which has revealed major failings in the criminal justice system across England and Wales.

Nacro are pleased to see the government announce that they will accept key recommendations from the Review, including:

  • A presumption against short prison sentences of 12 months or less.
  • Prisoners in England and Wales on standard determinate sentences to be released after serving a third of sentence as a consequence of good behaviour.
  • The Government confirms that probation service funding will rise by up to £700 million by the final year of the spending review – up from a £1.4 billion budget today. The additional funding will support probation to manage more people serving their sentences in the community.

 

Responding to the government announcement, Campbell Robb, Chief Executive of Nacro said:

“We are pleased to see that the Government intends to implement the bulk of recommendations in the Sentencing Review. This is a important moment for our criminal justice system which has been pushed to the brink of collapse. The government has a rare opportunity to tackle the prison overcrowding crisis and reset the criminal justice system so it delivers for victims and communities. There are a lot of bold, evidence-based plans contained within the Sentencing Review that could have real positive impact on the lives of people in contact with the criminal justice system and, on the safety, and cohesion of our communities. But this is just the beginning.

The promise of a £700 million investment in probation is significant, but extra resources must extend beyond probation and into the community support services helping people with housing, employment and to address their mental health and substance misuse issues. Only by helping people deal with the root causes of their offending will the reform of our criminal justice system live up to its potential.”

Profile picture: Campbell Robb

 

The recommendations:

A presumption against short prison sentences of 12 months or less.

Campbell Robb, Chief Executive of Nacro said:

“The evidence shows us that community sentences are more effective at reducing reoffending than short prison sentences. The decision to introduce a presumption against short prison sentences and replace them with community sentences could be a genuine game-changer, interrupting the vicious cycle that traps people in prison, by giving them a chance to address the behaviour that drives their offending. For far too long, Nacro has seen firsthand the destructive effects of short prison sentences. Even a prison sentence of a few months can destabilise a person’s life leading them to lose their home, their job and close relationships. Without these foundations in place, it becomes almost impossible for people to turn their lives around after prison. Currently over half (59%) of adults released who spend 12 months or less in prison go on to reoffend within a year.

However, to effectively reduce reoffending will require significant investment that extends beyond the Probation Service and into the wider infrastructure of support services for people on community sentences. Even with more initial investment and resources the increased use of community sentencing offers potential savings to be made to public

Reoffending costs the state £23.6 billion, money which can better be used to invest in our communities. Restricting the use of short prison sentences has the potential to reduce reoffending, save money and give people the best chance of a second chance, something we will all benefit from.”

 

Prisoners in England and Wales on Standard Determinate Sentences to be released after serving a third of sentence as a consequence of good behaviour.

Campbell Robb, Chief Executive of Nacro said:

“The announcement that people in prison could be released after serving a third of their sentence as a consequence of good behaviour in prison is a welcome measure that could incentivise people to engage with the prison regime and also help to reduce the prison population.

However, in order for people to stand the best chance of turning their lives around after prison, we need to ensure that their time in prison is used to develop the skills and knowledge they need, and also address the root causes of their offending behaviour. The current reality is the majority of our prisons are not set up to deliver this. The people we support repeatedly tell us how a lack of staff in prison, over-subscribed programmes and poor planning have made it impossible for them to access these types of opportunities in prison. As a result, a third of people in prison are not in employment, training or education, despite many more wanting to be. To ensure that prisons are supporting effective rehabilitation, this must be a focus for government.”

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“We welcome the recommendation of the Sentencing Review that an external advisory body should be introduced to ensure that a strategic, evidence-based approach is taken to the long-term use of custody. This would encourage the development and maintenance of a system that it is measured, proportionate and evidence-led, and temper the impact of political and media narratives which have led to sentences getting longer and longer over decades without evidence that this has an impact on crime or reoffending.”
Campbell Robb, Chief Executive of Nacro

Notes to Editors

  1. The Independent Sentencing Review

 

Anna* – who came out of prison in January 2024 after serving a 6 month sentence for fraud said:

“Why send somebody to prison for less than 12 months? The cost of it alone is absurd and it’s a waste of a person’s life.

The current prison system penalises people for poor mental health. People with mental health issues don’t need to be in prison, it’s the wrong place for them. Far too often I met people who came into prison who were deeply mentally unwell and they left in a far worse state than when they arrived – lonely and addicted to drugs. What’s the point in that? What good does that do for them or for the communities they are released into?

I don’t think you’d have as many people going to prison or reoffending if they were allowed to start a new life. I hope that more community sentences mean that people with drug addiction and mental health issues will get the support they need to build a better life for themselves away from crime.”

*Anna’s name has been changed to protect her identity.

 

About Nacro

Nacro operate in more than 40 prisons and provide services across England and Wales. We help 32,000 people across our services each year and run the CAS-2 service for the Government housing people coming out of prison on bail or licence. We work with people at every stage of the criminal justice system, from liaison and diversion services in police custody and courts, to resettlement into the community after prison. We use the insights from our services and the experiences of the people we support to campaign together for a criminal justice system which better serves us all. We’ve been working in this field for nearly 60 years.