Agenda Alliance responds to the Independent Sentencing Review initial findings

The Independent Sentencing Review, chaired by Rt Hon David Gauke, has published their initial findings, before full recommendations for the Lord Chancellor in Spring.

We welcome the review’s acknowledgement that a “incoherent” and “unstrategic” approach, which prioritises looking “tough on crime” over “the most effective solutions” has created significant issues across the criminal justice system, alongside excessive cost. 

In particular, we welcome Gauke’s recognition that minor offences are often committed by people as a consequence of “not getting the support they need”, which is particularly true for women.

We are therefore glad to see the initial findings recognise that:

• lack of support after trauma, such as the care system, domestic abuse, exploitation, poor mental health challenges, and addiction drive much of women’s criminalisation
• short prison terms trap women in cycles of reoffending, whilst community-based sentences are significantly more effective at reducing it
• significant racial disparity within sentencing needs to be tackled, so those from Black and minoritised backgrounds do not serve unfairly long sentences 

Alongside our partners in this sector, we expect to see recommendations published in Spring that respond with specific attention to these gendered needs and offers tailored solutions. 

The cycle of short custodial sentences and repeated recall - which applies to the vast majority of women in prison – must be stopped, and it is positive to see Gauke highlight this as a concern. We echo calls for the end to imprisonment of pregnant women, which causes such significant harm.

Agenda Alliance’s work, through our Young Women’s Justice Project, has a focus on young women at risk of the criminal justice system. They are not explicitly mentioned in these findings, and without specific attention, we know that young women often fall under the radar in policy. Whilst it's positive to see the findings show an understanding of gendered needs, we hope to see a greater emphasis in the full recommendations placed on the particular need for community sentencing for young women, for whom custodial sentences can cause lifelong cycles of harm. This would include pathways for them to receive age-, gender-, trauma-, and culturally-responsive support at women's centres.

The review’s initial findings highlight insufficient investment in alternatives to custody that provide ‘sufficient rehabilitation and can break the cycle of reoffending’. Across our alliance there is so much evidence of excellent practice, with many of our members providing specialist, trauma-informed, wrap-around support to women and girls in contact with the criminal justice system. 

We therefore hope to see the Sentencing Review’s conclusions recommend increased investment in and use of these kinds of community-based solutions working in tandem with a well-resourced probation service, which all evidence shows reduces criminalisation whilst benefiting women, their children, and communities.

Additional information:

• In an interview with LBC whilst visiting HMP New Hall, David Gauke commented: “maybe they have committed a minor offence, but that has often been as a consequence of them not getting the support that they need. We need to make sure that when people leave prison, they’re not in a position where they’re very very likely to commit another crime.”
• Agenda Alliance co-signed this recent letter from Women in Prison, calling for the end to the unfair criminalisation of survivors of domestic abuse, which 3 in 5 women in prison report having experienced.
• Our Young Women's Justice Project briefing published November 2023 found that young women aged 21-24 self-harmed more than any other age group across the women's estate, and that this had been rising year on year.