Prison Sentences

Sentencing in individual cases is a matter for our independent courts. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts also have a statutory duty to follow any relevant sentencing guidelines, developed by the independent Sentencing Council for England and Wales.

It is the function of the court to decide the sentence in each case subject to the maximum that Parliament has provided and any guidelines that may be laid down by the Sentencing Council or the Court of Appeal. The sentence imposed on an offender should reflect the crime they have committed and be proportionate to the seriousness of the offence. Custody should only be imposed if the offence is so serious that no other sentence can be justified.

The Government has launched an independent review of sentencing. The Review will be guided by three principles. Firstly, sentences must punish offenders and protect the public – there must always be space in prison for the most dangerous offenders. Secondly, sentences must encourage offenders to turn their backs on a life of crime, cutting crime by reducing reoffending. Thirdly, we must expand and make greater use of punishment outside of prison. The Review will report in Spring 2025.