Government to be told to scrap short prison sentences

ITV News

21-05-2025

An independent review of sentencing commissioned by the government will tomorrow recommend scrapping short prison sentences, ITV News has confirmed.
The review has been led by former Conservative Justice Secretary David Gauke, who told us that sentences under 12 months do not work and should only be used in exceptional circumstances.
The Labour government commissioned the review amid the overcrowding crisis in prisons last year, during which thousands of inmates had to be released early.
Speaking exclusively to ITV News, Mr Gauke said he thinks stronger community sentences are more effective than short prison sentences at reducing crime.
'We think that too many people go inside for a short period of time. They then come out unprepared for reintegration into the community. That short sentence, if anything, has put them back.
"If they've got a job, they've lost it. If they've got a home, very often they've lost that. Family relationships are damaged. So instead, we think stronger community-centered sentences can be more effective.'
'There is no real rehabilitation that can get done in prison over that short period of time. So we would be better off in most cases, in most cases, working through the community, imposing conditions in the community and addressing the underlying causes.'
His review will also recommend incentivising inmates to rehabilitate by allowing some to be released early if they exhibit good behaviour, similar to the progression-based model used by prisons in Texas, USA.
'I think what is important in the structure of a prison sentence is that good behaviour is rewarded, bad behaviour is punished, and that if prisoners do stick by the rules, there are benefits for them in terms of the point at which they are released," he told us.
"And if they don't stick by those rules, there are consequences as well. And visiting prisons in Texas, I'm struck by how calm they were. There was a greater sense of purpose within prisons, and I think part of the reason for that is the sense of you earn progression.
"If you do the right things, you can progress through that sentence.'
Instead of imprisonment, a far greater proportion of criminals would be given community service, be monitored via tagging, and attend new Intensive Supervision Courts (ISCs).
ITV News was given exclusive access to Teesside ISC, where they have been piloting the scheme.
We watched as offenders attended hearings with a judge, probation and other services to ensure they were progressing with their rehabilitation.
The offenders are asked to take regular drug tests and to demonstrate how they are reintegrating into the community.
Kevin Lofts served 12 years in prison for burglary and theft before instead being sent to Teesside ISC following his most recent crime.
A lifelong drug addict, he is now in the process of getting clean.
He told us prison had left him stuck in a cycle of reoffending – but now, after receiving support from the Intensive Supervision Court, he is excited about his future.
'Before, I used to spend the best part of my day trying to find a score. That usually entails me committing a crime, burglary, shop theft,' he said.
'On prior occasions, I've not had help from probation. I was put along the wayside. It was just like you go to probation, they tell you this, that and the other and they put you out the door. You used to just tell them what they wanted to hear so you could just get in get out.
"It's different now with this IOC. It's almost like I'm being hand held, but it's not, it's like a big brother on your shoulder and that's how it feels, it feels like if you relapse and go down old routes, and contact the people you need to they will help you to get back on track and that's never been there before for me.'
He added, 'The more you get involved, the more you want to change and do better for yourself. I think this works.'
It is too early to release any data from the trial, but anecdotally, the scheme is believed to have cut reoffending.
Chief Inspector Jon Tapper from Cleveland Police told us that he had seen 'massive changes' in the behaviour of offenders who have participated in the trial.
He said, 'In terms of the individuals involved in the IOC there have been massive changes. So, these people could be classified as career criminals, they've got an extensive history of crime, lots of convictions, which results in lots of victims being created.
"So, we've seen a massive change in the behaviour of those individuals who were impacting the community of Cleveland. Their criminality has stopped, and they are starting to make a positive contribution to that society.'
Mr Gauke pushed back against suggestions that community sentences are softer on criminals, emphasising how a reduction in reoffending will also reduce the number of victims of crime in the longer term.
'There's really very strong optimism... we'll have a tagging system that is working properly'
He told ITV News, 'There will be fewer who will go to prison. But I think the point I would make here is what most victims would want is to ensure that there are fewer crimes in future, that there are fewer victims.
"And we do have to ask ourselves what is going to be the most effective way in which we can address that? And yes, punishment is important and prison is important, but they're not the only parts of the criminal justice system.
"And the criminal justice system as a whole has got to be really effective in ensuring that if you've got a criminal, they stop committing crimes in the future.'
Gauke also told us his report will recommend the tagging system is improved, with recent reports that offenders have gone untagged for months after being released from jail.
'There clearly have been problems with how the tagging system has operated, but as we're moving into that implementation stage, we know that these are issues that can be addressed.
"There has been progress on that. There's really very strong optimism that by the time our recommendations are put in place, we'll have a tagging system that is working properly.'
'The probation system as a whole needs to be properly funded to be able to deal with this'
He also said his report will recommend an increase in funding for the probation service.
'I think there's a really important point that as we try to control the prison population, which we have to do, there's no escaping that it will shift prisoners' pressures elsewhere.
"And our report, when you see it tomorrow, will be very strong in the recommendations that we make, that the probation system as a whole needs to be properly funded to be able to deal with this.'