Successive governments trying to look “tough on crime” have driven a rising prison population that’s overwhelmed the system, according to a report.
The Independent Sentencing Review also said there’s been a “knee jerk” and “unstrategic” reaction over the decades towards longer jail terms, despite an overall fall in crime since the mid-1990s.
Former lord chancellor and justice secretary David Gauke is chair of the review, which is expected to set out reform recommendations in the spring.
The report found England and Wales have one of the highest prison population rates in Western Europe.
Recalling offenders on licence back to jail was said to be a key reason, with numbers rising from under 100 in 1993 to nearly 13,000 in December 2024.
Last September, the government controversially freed thousands of people early to ease overcrowding by temporarily cutting the proportion of a sentence served inside from 50% to 40%.
Prime Minister Sir Keir Starmer said he had no option and blamed the situation on previous governments.
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“Last year we were confronted with the consequences of decades of haphazard policymaking and underinvestment in the criminal justice system – bringing it to the brink of collapse,” said review chief Mr Gauke.
“For too long politicians have operated in a vacuum, increasing sentencing for individual crimes without considering the knock-on impact on the wider system.
“It is time to accept this does not deliver justice for victims, it fails them.”
The sentencing review was launched in October to look at ways of easing overcrowding by giving tougher punishments outside of prison.
It also said the rising numbers locked up had been “catastrophic” for prisons and the probation service – with resources diverted from reoffending and safety to emergency measures to cope with demand.
‘Breeding grounds for crime’
“It is clear that in order to address the capacity issues we face, we must have an honest conversation about who we send to prison, and for how long,” said Mr Gauke.
“Punishment will always be a central aim of the criminal justice system, but it is not the only aim, and prison is not the only form of punishment.”
Bringing in new offences and changes such as mandatory minimum sentences have also led to longer sentences, the report added, with these often prompted by high-profile cases.
However, it said this had created inconsistencies and some victims were left with a “sense of injustice”.
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The Howard League for Penal Reform said the report backed up what it’s been saying for years
“This is not simply a crisis of prison capacity,” said campaigns director Andrew Neilson.
“Our overcrowded and violent prisons are breeding grounds for crime, while probation services are overstretched and under-resourced within the community.
“We welcome these findings from the review and look forward to proposals to reset the system.
“Action cannot come quickly enough if we are to achieve a sustainable and more effective course for prisons and probation in the future.”
