February 19, 2025 - 1:00pm

We’re heading for bust again in our teeming, disordered and unstable prison system. Figures just out show that despite several bursts of emergency releases we are nearly back to square one, with only 1,000 male adult places left. Something needs to be done and the independent review of sentencing led by former Tory Lord Chancellor David Gauke has been tasked to tell us what.

The interim report has used December’s prison figures to illustrate how parlous the lack of cell space is. We’re only in the middle of February and already the population is nearly 1,500 higher than it was at the end of last year. A welter of data was deployed to make the case that we are imprisoning more people for longer in awful conditions due to what Gauke calls “penal populism”. This means that there are too many criminals in the UK’s prisons because generations of politicians have wanted to seem tougher than the last on crime. This arms race of “toughness” is “incoherent” and lacks a strategic dimension, says Gauke.

In fact, average sentence lengths across all crimes have remained broadly static for the last four years. Sentence lengths for less serious crimes dealt with in the Magistrates courts have actually decreased. Where there has been a substantial increase in time handed down by a judge, it is generally led by the most serious crimes such as murder, sexual violence and robbery. These are crimes that have a huge impact on public trust in the criminal justice system, which is already under fire. The rather condescending reduction of those concerns to “populism” might play well in progressive criminology but it’s unlikely to persuade voters to opt for Labour next time round.

There’s also a rather lazy favourable comparison between recidivism rates for those on community sentences and those in prison custody. This is in support of the not-unreasonable argument that cheaper punishment outside the prison walls trumps incarceration. But as other commentators have pointed out these aren’t like-for-like measurements. One of the obvious reasons for the UK’s worrying reoffending rates in adult males released from short custodial sentences is because they are there because they are serial offenders. This is how they operate and breaking that cycle is extremely difficult. This wasteful circularity does need addressing but tinkering with sentencing guidelines is unlikely to achieve the desired outcome.

Nor is neglecting the role of severity in its value to victims or wider society. Retribution isn’t mentioned once in the report. “Punishment” is of course, but the more personal dimension of revenge by the state on behalf of someone harmed is every bit as important to a cohesive society as rehabilitation and deterrence. Even short sentences, eventually given to those who have often repeatedly failed community punishments, can give tortured communities respite. They aren’t useless tools of crime control as the report suggests.

Only a fool would argue that our present penal policy is working and it is right that Labour is trying to get to the bottom of what is wrong. No doubt the final report in the spring will have important findings and recommendations on ways to reduce prison populations without compromising public safety.

But the focus on “fiscal discipline” feels too much like an accounting exercise with a pre-written conclusion: “A large prison population is bad because it’s expensive”. If people deserve to be in prison, then that’s where they should be — regardless of how many cells are available. The public wants bad people locked up and for a long time. A report will not give Labour political cover for reducing sentences and appearing soft on criminals.


Ian Acheson is a former prison governor and author of Screwed: Britain’s Prison Crisis and How To Escape it.

NotThatBigIan