header-logo header-logo

Rethinking prison for the 21st century

23 October 2024
Issue: 8091 / Categories: Legal News , Criminal
printer mail-detail

Judges could place criminals under house arrest instead of sending them to prison, under a major overhaul of sentencing policy

Lord Chancellor Shabana Mahmood launched an independent sentencing review this week into alternative approaches to criminal justice and the use of non-custodial sentences as a means to end the prisons crisis. Chaired by former justice secretary David Gauke, it will look at evidence from the US and other countries on what works, including technology to place offenders in a ‘prison outside prison’.

The review will look into potential rehabilitation programmes, review the impact of short custodial sentences, look at what happens to offenders on release, and consider specific sentencing for offences committed against women and girls.

Gauke said the review would ‘explore what punishment and rehabilitation should look like in the 21st century’.

The launch coincided with the early release of 1,100 prisoners serving five-year sentences or above, in order to free up prison places. The prison population has roughly doubled in the past 30 years, while nearly 90% of prisoners go on to reoffend.

Lawyers welcomed the review, which is due to report back to the Lord Chancellor by spring 2025.

Sam Townend KC, chair of the Bar Council, said: ‘One of the real drags on seeking to get the Crown Court backlogs down and to ensure swift efficient justice has been the mismatch of ever heavier prison sentences and inadequate prison places to meet the imposed demand.

‘Measures to speed up the Crown Courts have previously been thwarted due to the lack of prison spaces.’

Law Society president Richard Atkinson said it was ‘high time for an examination of alternatives to the use of custody’ but added that court backlogs and a lack of lawyers also caused prison overcrowding.

Pavan Dhaliwal, chief executive of criminal justice charity Revolving Doors, said: ‘Far too many people are in overcrowded prisons on hugely costly and ineffective short sentences not because they pose a danger to society, but because their health and social needs—relating to substance misuse, mental health, homelessness and for many women, domestic abuse—remain unmet.’ 

Issue: 8091 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll