From overcrowded cells and staff shortages to rat infestations and stubbornly high reoffending rates, it is no secret that our prison system is in need of reform.
​In an effort to tackle the crisis, Shabana Mahmood put the Sentencing Bill before Parliament on 2 September 2025. The Bill draws on the findings of David Gauke’s independent sentencing review published in May, and aims to reduce pressure on the prison system while ensuring public safety.
​What are the Key Proposals?
​A Presumption Against Short Custodial Sentences
Currently, 62% of people who serve a prison sentence of less than 12 months reoffend within a year, a higher rate than those given community sentences. To address this, the Bill introduces a presumption that prison sentences of a year or less will be replaced with tougher community sentences. The Government suggests the following new measures to strengthen these community sentences:
- First, judges will be able to ban offenders from pubs, concerts, and sports matches.
- Second, unpaid work requirements will become more demanding, forcing offenders to give back to society. New ways in which offenders can undertake unpaid work will also be considered, including supporting local authorities by removing graffiti and cleaning up litter. Those made subject to such requirements may also have their names and photos published to deter further offending, publicly demonstrate that justice is being administered, and increase transparency in relation to sentencing.
- Third, ‘income reduction orders’ may be introduced, a new type of ancillary order conferring on judges a power to require offenders to forfeit a proportion of their income.
Tagging
Mahmood has also announced plans to expand the use of electronic monitoring, promising to tag tens of thousands more offenders over the next three years. The scheme will be backed by an extra £100 million investment in electronic monitoring, an increase of 30%, representing the largest increase in tagging since 1999.
Another key change will see all prison leavers tagged on release, unless probation staff explicitly recommend otherwise.
Tagging will also begin before prisoners leave custody, instead of several days later, as is currently the case.
Creation of more prison spaces
In addition to the above-mentioned sentencing changes, the Government plans to create 14,000 new prison spaces, a more traditional and predictable response to overcrowding.
Deportation
The Government also plans to continue ramping up deportations of foreign criminals to free up prison space.
What Can We Expect to See?
If passed, the Sentencing Bill could signal a significant shift in the way justice is administered across England and Wales. We can expect to see fewer offenders receiving short custodial sentences, and a greater emphasis placed on community-based sentencing and rehabilitation. Clearly, the reforms reflect a growing recognition that prison is not the only punitive option, particularly for low-level, non-violent crimes.
Over time, we may begin to see a justice system emerge that prioritises rehabilitation and is better equipped to cope with the pressures facing our prisons. However, the success of the proposals will depend heavily on how they are put into practice and whether adequate support systems are in place to make them work.
Eleanor Stromberg is a paralegal working with Sean Reilly, consultant Partner defending allegations of serious crime.
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