Prison Sentences: Reoffenders

Evidence published in both 2015 and 2019, which matched groups of offenders, found that short sentences were associated with higher reoffending compared to court orders by approximately 4 percentage points. We have followed this evidence and the Sentencing Act of January 2026 introduces the presumption that courts will suspend short custodial sentences of 12-months or less; this is based on the evidence that shows community orders and suspended sentences can be more effective at reducing reoffending than short custodial sentences.

We are not abolishing short sentences completely; judges will always retain the power to send offenders to prison where they have breached a court order, an individual is at significant risk of physical or psychological harm or in exceptional circumstances that do not justify a suspended sentence.