The UK Criminal Justice reform: is it time for change?

by Greta Mizere

In summer 2024, the prison system in England and Wales was near collapse. The UK prison population had doubled in size from 44,000 in 1993 to 86,000 by the end of 2024, but the space to house prisoners had fallen behind. In September 2024, prisons were almost completely full, with just 100 spaces left before reaching full capacity.

 In October 2024, the newly appointed labour government initiated the independent sentencing review in response to this crisis that now had reached a critical level.

 The ongoing review, chaired by former Conservative Justice Secretary David Gauke, aims to reshape the UK criminal justice system and has committed to creating 14,000 extra prison spaces alongside a 10- year capacity strategy to ensure a sustainable justice system in which the prison population does not exceed available capacity.

 The sentencing review panel will also follow 3 core principles tackling key concerns to ensure a long-term positive impact on the judicial system. Public safety, rehabilitation, and tougher punishments outside of incarceration are recommended to help address the challenges currently faced by prisons in England and Wales. 

 The main drivers that have affected the exponential rate of growth in the prison population is the increased use of custodial sentences, longer custodial sentences, and the growth of the recall and remand population. This is due to a mix of factors, such as the Covid 19 pandemic, that have resulted in England and Wales having one of the highest incarceration rates in the whole of Western Europe, alongside Scotland, Portugal and Spain.  

 Throughout history, sentencing policies in England and Wales have undergone many changes due to public pressure. Political parties have been keen to show that they are ‘tough on crime’ over the years, and this has resulted in long term implications and the longest prison sentences in Western Europe. Statistics from the Ministry of Justice show the constant incline in sentence length over time, with an average custodial sentence in 2023 (excluding life and indeterminate sentences) being almost 21 months, compared to 15.5 months 10 years prior. This highlights the impact political parties have on the judicial system when making rash responses to outcries for public safety.

 The relationship between the media and the public has also had an effect on sentencing. The demand for harsher responses to high profile crimes has had a real influence on legislative changes. An example of this is IPP sentences, (imprisonment for public protection) a type of indeterminate sentence, designed to protect the public from serious offenders. Though the IPP sentence was abolished in 2012, prisoners who are serving IPP sentences can be held indefinitely even after serving a minimum sentence.

 And though crime in England and Wales is at an all-time low, the dramatization of crime by the media has resulted in the public perception of crime becoming entirely distorted.

 There is also no evidence to suggest that longer prison sentences reduce reoffending, which suggests that punishment has been prioritised over rehabilitation. This may give the public satisfaction and the sense that their streets are safer, however, addressing the underlying psychological causes of why criminals commit offences is more likely to help them to turn their backs on a life of crime.

 In response to the overcrowding crisis, the UK is also looking to other nations that have successfully reduced their prison populations, to see whether their successes can be replicated here. It has been considered that parts of the ‘Texas Model’ could be adopted in the UK, this would allow prisoners to earn reduced sentences through educational workshops.

 When speaking to Michele Deitch, the Director of the Prison and Jail Innovation Lab at the University of Texas, it is clear that the ‘Texas system’ may not be as successful as it seems. Deitch advises that if the UK is to learn from Texas they must “invest heavily in community-based programmes and services inside prison and reduce the number of people recalled to prison”.

 Countries like the Netherlands and Scandinavia have been more successful in reducing their prison populations through addressing the underlying causes of criminality and redirecting their focus to rehabilitation. For these techniques to work in the UK, a considerable amount of funding would have to be dedicated to programmes. However, overall, it is a cheaper investment for the long-term stability of the prison system.

 Another tactic that the sentencing panel are looking at to reduce the prison population is by focusing on women in prison. It is known that the prison framework is designed for men and simply does not cater to women.

 Nicola Drinkwater, Director of External Affairs for Women in Prison said in response to Safety in Custody statistics:

  “Women are drawn into contact with the justice system for their experiences of domestic violence and abuse, mental health and homelessness. Rather than addressing the root cause of this, we have seen an increasing use of prisons over the last few decades”.

 Today, there are over 3,000 women incarcerated in England and Wales. That’s double the number of women in prison compared to 30 years ago. Justice secretary Shabana Mahmood made clear her intentions to reduce the number of women incarcerated and closing some women’s prisons.

 She said, “For women, prison isn’t working. Rather than encouraging rehabilitation, prison forces women into a life of crime. After leaving a short custodial sentence, a woman is significantly more likely to commit a further crime than one given a non-custodial sentence”.

 It has also been announced that the placement of young girls into young offender institutions will end immediately, following a major increase in self-harm cases.

 Women serving sentences whilst still being in the community will work together with the possible introduction of alternative forms of punishment that the sentencing review is considering.

 One suggestion would allow individuals to serve sentences in the community whilst on a tag, an electronic device which tracks the individual who wears it. This would ensure that the terms of a sentence are not being violated and would also contribute to rehabilitation and reintegration into a life without crime, surrounded by positive influences like friends and family.

 The possibility of banning criminals from attending sports grounds, pubs and social events is also being considered at as an alternative sentence to prison.

 It has been established that rehabilitation, though requiring more resources, is a cheaper alternative to incarceration. It costs £1000 a week for a person to live in prison, whereas rehabilitation techniques not only are freeing up prison spaces but are stopping individuals reoffending altogether. It has been found that those serving short prison sentences are 60% likely to reoffend whereas those who undergo rehabilitation programmes have significantly lower reoffending rates.

 According to David Gauke in the Guardian, “We need a sentencing framework that uses public resources effectively to reduce crime and reoffending – not one that simply appears tough but fails in practice”.

 The independent sentencing review represents a significant step towards the reform of the UK’s criminal justice system. By looking away from punitive, custodial sentences and towards rehabilitative alternatives, it would reform not only criminals, but the attitude that society has towards crime and how it is dealt with. If the recommendations of the sentencing review are taken into consideration, England and Wales could become better equipped to serve justice, improve outcomes and ensure a sustainable justice system that would keep the prison population at a safe level.