Today’s Sentencing Review announcement is a significant opportunity for the voluntary sector to influence the approach to sentencing and sentence management. Our prisons are at breaking point, overcrowded and understaffed. This means that people in prison cannot access the services they need to move on in their life, even after they are released. At Clinks, we believe the prison population can and must be reduced to make communities safer. Evidence consistently shows that the best way to make communities safer and prevent crime is to support people to better outcomes.
The Review’s Independent Chair, David Gauke, is well versed in the challenges and the evidence. As Justice Secretary he voiced his support for replacing short prison sentences with community orders. Though short sentences do have a particularly detrimental impact, this is just one part of what needs to be a thorough re-evaluation of the approach to punishment and rehabilitation in England and Wales.
Over the last two decades, prison sentences for more serious offences have become more frequent and longer, despite evidence that indicates prison neither deters crime nor reduces reoffending. We need to reform this aspect of the system too. There must be a plan for restoring sentencer confidence in community sentencing, alongside proper resourcing and joined up delivery of services in the community. Amidst this work, it is absolutely critical that the voices of people with lived experience of the criminal justice system are front and centre. To improve the system, we must understand it from all angles, and people with lived experience – both past and current - provide insights no one else has.
We must also look at who is brought into the criminal justice system, and what needs to change. The majority of women are sentenced for non-violent offences and have complex needs which could be better met through community sentences. The same is true for a large proportion of men and young adults. And we must look at racial disparities - our justice system is marked by disproportionality at every stage. We cannot afford to overlook this, or we risk implementing proposals that further entrench these disparities and stymie our objectives. Instead, we must reverse and eradicate them wherever they exist.
IPP sentences, use of remand, youth sentencing, out-of-court resolutions and the murder sentencing framework are out of scope for this review – which is a concern, as these are areas with persistent racial inequalities. Work on some of these issues is under way, and The Ministry of Justice is considering wholesale reform of homicide law and sentencing separately. We will follow the progress of this work and keep the sector informed.
Clinks' response
We will consult widely with the voluntary sector to inform our response on the Review, drawing on the breadth and depth of the sector’s expertise and experience.
We look forward to highlighting, in responding to this review, all that the voluntary sector has to offer. Voluntary services support rehabilitation in the community by providing support like mental health services, drug and alcohol recovery support, quality housing, and support in getting people a job. They provide effective treatment for perpetrators of domestic abuse, as well as support for victim-survivors. We want to leverage all the brilliant ideas that the sector has to offer and provide the Sentencing Review panel with the evidence to support their work.
Now is the time for evidence-led solutions to fix the ongoing prisons crisis, and to ensure that we have a criminal justice system that is fair, effective and fit for purpose.
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The role is for a leader from an organisation focused on racially minoritised people, with expertise in service delivery, policy, advocacy, or related areas in criminal justice. Racial disparities are present at every CJS stage. This role ensures these voices are central in shaping policy to help address and eradicate them. Apply by Mon 18 Nov, 10am. More info: https://www.clinks.org/voluntary-community-sector/vacancies/15566 #CriminalJustice #RR3 #RacialEquity