AYJ comment: Time for a Sentencing Review for children?
David Gauke has today [22nd May, 2025] published the final report of his Independent Sentencing Review. While the review focuses on adult sentencing, the government must now consider what can be learnt for children to protect them from the harms of imprisonment.
The Independent Sentencing Review was commissioned by the Ministry of Justice to re-evaluate the adult sentencing framework, to address the fact adult prisons are running out of places.
The intention of the review to reduce the use of custody is welcome, not least because the capacity crisis in adult prisons recently led to over 18s being held back in youth custody, increasing the overall population in the children’s estate by 29% in eight months. This further destabilised establishments already failing to meet the needs of children in their care.
The review highlights how “tough on crime” political narratives and media portrayals have made sentencing policy more punitive but recognises that “rehabilitative support in the community is, in many cases, the most effective way to reduce reoffending”. Its recommendations include:
Ensuring short custodial sentences are only used in exceptional circumstances
Increased investment in and expanded use of the third sector and commissioning of local organisations, to work alongside Probation and support people in the community
Increased use of deferred sentencing
Expanding Intensive Supervision Courts
Increased funding for Women’s Centres
Examining the impact of Assault on Emergency Workers legislation
A requirement for Ministers, on introducing a Bill to Parliament, to make a statement on its impact on prison demand
Commenting on the review, AYJ Chief Executive Jess Mullen said:
“The children’s secure estate may not be facing a capacity crisis, but you only have to look at inspection reports to see clear as day that youth custody is facing a crisis of its own. Children are being harmed by failing regimes and establishments so volatile that the government last month deemed it necessary to hand out PAVA incapacitant spray to staff, despite widespread opposition.
We know the Ministry of Justice will now be considering whether the Independent Sentencing Review’s recommendations may apply to children, and we urge them to be ambitious in doing so. But beyond this, it is time to look specifically at the children’s sentencing framework. The government must consider how they can and must go further for children, so they can finally close Young Offender Institutions and the last Secure Training Centre and ensure custody is truly a last resort.”