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Independent Sentencing Review published

Published:

The Ministry of Justice has published its Sentencing Review, led by David Gauke, on Thursday 22 May.

The Independent Sentencing Review’s final report (opens in new tab) sets out proposals for community sentences and shorter custodial sentences to reduce the prison population in England and Wales by about 9,800 people.

The UK NPM welcomes the publication of the review and will take time to digest its recommendations. The NPM submitted evidence to the review, which raised these key considerations:

  1. We encourage the Independent Sentencing Review to consider the impact of overpopulation on the physical quality of prisons and staff’s ability to deliver a safe and rehabilitative regime responding to increasingly complex needs.
  2. A reduced prison population would allow for rotational closing of facilities to repair and renovate, enabling the UK to ensure a dignified standard of living for prisoners and to provide a functioning rehabilitative service.
  3. In approaching sustainable reduction of the prison population, we encourage the Independent Sentencing Review to consider cohorts who require a therapeutic setting to facilitate their rehabilitation, for some of whom prison will never be the appropriate setting.
  4. A reduced population allows staff more time to engage with complex prisoners which will allow the UK to better fulfil the standard of individualised support.
  5. We encourage the Independent Sentencing Review to consider bold options to what is a longstanding issue of overpopulation, caused at least in part by sentencing policy and practice. Overpopulation affects every part of an effective prison system, and currently undermines officer and healthcare staff striving to provide a dignified and rehabilitative service.

You can read the NPM’s submission here:

UK NPM – Submission – Independent Sentencing Review – 100125
(PDF, 687 KB)

Chair of the NPM Sherry Ralph, said:

The prison population is too high, and the state is unable to fulfil its obligations to maintain human rights with the population as it stands. We will take time to digest the recommendations in the Gauke review and consider the arguments made in our submission, which encouraged bold action to an entrenched issue against the recommendations made.

The UK NPM has been warning about the consequences of an increasing population for 16 years, and encouraging action. While a long term strategy has been needed for some time and is therefore welcomed, the Ministry of Justice also needs to address the needs of those in prison today – who tonight will go to bed in intolerable conditions, and will be released without having had the opportunity to address what got them into prison in the first place.
Sherry Ralph, Chair of the UK NPM

Last year, continued increases in the prison populations in Scotland also prompted early release schemes, and in Northern Ireland led to the re-opening of previously decommissioned accommodation. These are short term schemes which do not address recommendations about the long-term impacts of overloaded systems, buildings and staff.

The Scottish Government Independent Sentencing and Penal Policy Commission issued an open call for evidence in April 2025 (opens in new tab). The UK NPM Scotland Subgroup will submit evidence and recommendations, and the NPM will continue working to ensure that this entrenched issue is resolved by all UK and devolved governments.