According to the Criminal Bar Association, the backlog of criminal court cases is on track to reach 80,000 by March 2025. There has been much written about the survivors of rape and sexual violence amongst those waiting for cases to be heard, and the impact the delays are having on them. Can the sentencing review announced by the Government recently, make a powerful enough impact or will we be writing about this again in 10 years?
I do not trivialise the upset that must be being felt by real victims of such horrific crimes. That said, there is very little written about defendants who have been falsely accused. There are many.
In the 40 years I have been working in criminal defence, I have witnessed false allegations that have torn families apart, defendants losing their jobs, being outcast, suicidal thoughts. Those cases are also waiting years before they can clear their name. Often on bail with conditions that severely restrict their lives.
Very few make the headlines.
On 17th October 2024 the Lord Chancellor confirmed plans to allow Magistrates to issue custodial sentences for up to 12 months for a single offence. Doubling of their current powers. They say the move will save approximately 2,000 days in the Crown Court, so that time can be reserved for the most serious and complex cases. The changes are the latest step in the government’s plans to tackle the crisis in our prisons and claim this will help to tackle the record remand population in jails and address the Crown Court backlog.
Is this the right way to deal with the overpopulated prison estate? Or is there another way?
Magistrates handing out 12-month sentences are still going to send people to jail. The same jails that are bursting at the seams. If something hasn’t worked for decades, why would you keep trying to fix it by doing the same thing over and over again?
Why not try a different approach?
Our prisons are full, not just with violent and sex offenders. They really do need to be in jail.
There are many serving long sentences for non-violent offences. Do they really need to be in jail? Or could they be sentenced to an alternative punishment? Is it time to rip up the sentencing guidelines and start again?
Well, the government’s sentencing review, announced on 21st October 2024, seems to somewhat answer those questions as it aims to assess how best to balance punishment and rehabilitation in a system that has remained burdened by high incarceration rates and recidivism. Chaired by David Gauke, the review was prompted by the immense overcrowding in UK prisons and seeks to understand whether short custodial sentences are achieving their intended purpose, especially given that they have shown limited success in reducing reoffending. Currently, reoffending rates remain high among those serving shorter terms, sparking questions about whether other measures, like community-based sentences, could serve as more meaningful rehabilitative options and relieve some of the pressure on prison facilities.
The review will also explore alternatives such as expanded use of electronic tagging and structured community service, which can help offenders reintegrate more successfully than short stints in prison. Rather than perpetuating the cycle of overcrowding by continuing to rely on prison as a catch-all solution, the government appears to be acknowledging that not all offenses necessitate custodial sentences. This reflects an evolving understanding that effective sentencing must weigh both the crime’s seriousness and the offender’s potential for rehabilitation, particularly for non-violent crimes.
As I have emphasised, serious offenders should remain incarcerated to protect the public, but for others, alternative sentencing might be the change the justice system needs. If the review can yield lasting reforms, it could offer a different path forward — one that reduces reliance on incarceration and gives defendants, particularly those awaiting trial on remand, a clearer sense of justice served in reasonable timeframes. With findings expected next year, this review could mark the beginning of a shift toward a fairer, more balanced penal system that no longer doubles down on overcrowding and ineffective short-term sentences.
Let’s hope the review will minimise the strain of the 80,000 impending criminal court cases, or will we still be writing about this in another 10 years?
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