Law society welcomes reforms proposed by the Sentencing Bill

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The Law Society of England and Wales has welcomed changes proposed in the new Sentencing Bill, which had its second reading in the House of Commons on Tuesday 16 September. The Law Society particularly supports the bill’s emphasis on maximising the use of suspended and deferred sentences – an approach it said it has “long called for”.

The government is set to invest up to an extra £700 million in the probation service by 2028/29. The bill has proposed a £100 million extra investment into tagging prisoners, with up to 22,000 more offenders and defendants set to be tagged each year. This expansion, which comes under the government’s Plan for Change, is the biggest since the adoption of curfew tags in 1999.

A pilot scheme will be launched next month, which will also introduce the new measure of tagging offenders prior to leaving prison, instead of a few days later. Offenders will also enter a period of “intensive supervision”, which will vary depending on their crime. These measures, alongside the planned construction of 14,000 more prison places, aim to increase prison capacity.

The review is set to bring in several other changes, such as an earned release scheme and tougher community sentences. The bill also proposed changes to toughen the prison punishment scheme. For example, offenders could see up to three extra months added to their sentences for being found with ‘illicit items’ such as phones.

Law Society President Richard Atkinson stated: “We recognise the urgent need for radical reform to reduce court backlogs, prevent reoffending and create much-needed space in prisons.” Atkinson emphasised the lack of capacity in prisons, which he noted is “partly because so many individuals are serving prison sentences instead of community sentences, which may be more effective at reducing reoffending”.

However, he also stated: “For the new legislation to be effective there must be sustained investment across the entire criminal justice system. All parts of this vital public service are interconnected and failure to invest in one part will be detrimental to the whole.

“We welcome the focus on preventing reoffending but it’s not all about close supervision. Prisoners need to be equipped to re-enter society. It is crucial that prisoners can access education courses while in custody to help prepare them for release and reduce the risk of reoffending.”

The Law Society also called for a review of the children’s custody release scheme. Atkinson said: “A focus on adult sentencing to manage prison capacity must not exclude children from early release, which risks disproportionately longer custodial terms for them compared with adults serving similar sentences.”