Gauke Review
Independent Sentencing Review
Justice & Legal
Independent review of sentencing in England and Wales examining whether the current framework is effective at reducing reoffending, protecting the public, and delivering justice.
48recommendations
48Not Yet Responded
Government Response
Lord Chancellor accepted majority of recommendations in principle. Sentencing Bill 2025 enacted several key recommendations. Some recommendations on short prison sentences rejected.
Recommendations
Recommendation 1.1
Amend the statutory purposes of sentencing to emphasise the importance of protecting victims and reducing crime
Recommendation 2.1
Revise the sentencing framework to ensure sentencers can take full advantage of the flexibility of community sentencing, including financial penalties and ancillary orders
Recommendation 2.2
Revise sentencing guidelines and probation frameworks to broaden the scope of punishment within community orders
Recommendation 2.3
Increase investment in providers of Community Sentence Treatment Requirements to increase accessibility for offenders with substance misuse or mental health issues
Recommendation 2.4
Simplify and strengthen community orders by abolishing the Rehabilitation Activity Requirement and introducing a broader Probation Requirement
Recommendation 3.1
Legislate to ensure short custodial sentences are used only in exceptional circumstances
Recommendation 3.2
Extend the upper limit of Suspended Sentence Orders to custodial sentences of up to three years
Recommendation 3.3
Extend the deferred sentencing period to 12 months
Recommendation 3.4
Encourage the use of deferred sentences for low-risk offenders with needs that can be addressed in the community
Recommendation 3.5
The Sentencing Council should issue guidance on the use of deferred sentencing
Recommendation 3.6
Collect and publish data on deferred sentencing
Recommendation 3.7
Lengthen Serious Crime Prevention Orders to allow them to apply for the duration of an offender’s time in custody as well as for five years after release
Recommendation 3.8
Consider strengthening confiscation orders to ensure that the law can be applied fairly in practice
Recommendation 3.9
Consider establishing a criminal receivership scheme, including suspended receivership
Recommendation 4.1
Introduce an “earned progression” model for those serving standard determinate sentences
Recommendation 4.2
Introduce an “earned progression” model for those serving extended determinate sentences
Recommendation 4.3
Introduce a new model for recall for those serving standard determinate sentences, with stricter criteria and thresholds
Recommendation 4.4
Increase and tailor the use of open conditions where suitable for offenders
Recommendation 4.5
Improve investment in and access to accommodation in the community for offenders leaving prison and those serving sentences in the community
Recommendation 5.1
Launch a public awareness campaign on sentencing
Recommendation 5.2
Consider how to improve transparency about the length of time an offender spends in custody
Recommendation 5.3
Review the support and services available to victims and witnesses, addressing barriers to effective provision of information and support
Recommendation 5.4
Continue the provision of free copies of judge’s sentencing remarks to victims of Rape and Serious Sexual Offences
Recommendation 5.5
Improve identification of perpetrators of domestic abuse at sentencing to ensure the right interventions are in place to manage offenders
Recommendation 5.6
Expand provision of Specialist Domestic Abuse Courts
Recommendation 5.7
Improve training for criminal justice practitioners and the judiciary on violence against women and girls to inform appropriate sentencing and offender management
Recommendation 5.8
Equip the Probation Service with sufficient resources to manage perpetrators of violence against women and girls, including for electronic monitoring
Recommendation 6.1
Expand the availability of Intensive Supervision Courts to address prolific offending
Recommendation 6.10
Continue to monitor emerging medications to treat drug and alcohol dependency
Recommendation 6.2
Provide more sustainable and long-term funding to Women’s Centres
Recommendation 6.3
Ensure female offenders receive appropriate support by (1) expanding the use of liaison and diversion and (2) considering a women’s specific pathway as part of Drug and Alcohol treatment requirements
Recommendation 6.4
Collect and publish data on the use of prison as a “place of safety”
Recommendation 6.5
Commission a study of the impact and consequences of the Assault on Emergency Workers legislation
Recommendation 6.6
Increase the use of Early Release on Compassionate Grounds for suitable older offenders
Recommendation 6.7
Agree a strategy to manage older offenders’ complex health needs
Recommendation 6.8
Facilitate earlier removal of Foreign National Offenders
Recommendation 6.9
Build a comprehensive evidence base around the use of chemical suppression for sex offenders and explore options for continued funding of services in this area
Recommendation 7.1
Increase investment in the Probation Service to support capacity and resilience
Recommendation 7.2
Increase funding available for the third sector to support the Probation Service to manage offenders in the community and enable increased commissioning of local organisations
Recommendation 7.3
Expand the use of the third sector to support offenders on community sentences and licence, to help the Probation Service prioritise resource and improve outcomes for offenders
Recommendation 7.4
Increase the use of proven technologies in the Probation Service, to enable more meaningful engagement between practitioners and offenders on probation
Recommendation 8.1
Use existing technology more effectively to protect the public and improve rehabilitation
Recommendation 8.2
Invest in rapid expansion of successful pilots in technology used as part of offender supervision
Recommendation 8.3
Require all technology developed for offender management to be integrated with behavioural science
Recommendation 8.4
Improve data-sharing across agencies working with the Probation Service
Recommendation 8.5
Further collaborate with industry on research and development to explore new technologies for service transformation, including advanced AI
Recommendation 9.1
Introduce an external advisory body
Recommendation 9.2
Introduce a requirement for Ministers to make a statement to Parliament during the introduction of a new Bill on its impact on prison demand