New sentencing review offers fresh perspective

Tom Franklin, chief executive of the Magistrates’ Association, responded positively to the publication of David Gauke’s sentencing review, highlighting the report's potential to reform the criminal justice system
He stated “The Magistrates’ Association welcomes the report of the Independent Sentencing Review. It promises a fresh approach to sentencing, which is undoubtedly needed to deal with the crisis in the criminal justice system.” Franklin expressed satisfaction that many of their proposals were adopted, particularly the need for a system-wide shift. He noted, “We welcome the presumption against short custodial sentences of less than 12 months, as we have long said that they are counter-productive for many offenders and rarely effective in reducing reoffending.”
Franklin also pointed out the decline in the number of short sentences, citing figures from the past decade. He mentioned, “The number of short sentences of less than 12 months with immediate custody fell from 59,665 in 2014 (64 per cent of all immediate custody sentences) to 43,723 in the year to June 2024 (58 per cent).” He emphasised that short custodial sentences should remain an option for magistrates, particularly for serious cases like domestic abuse or persistent offenders.
Furthermore, Franklin welcomed the review's focus on community tagging of offenders, urging for the allocated £700 million to improve probation resources. He noted, “Extra resourcing for probation would also give magistrates more alternatives to custody, and support more creative and targeted sentencing options.” Franklin expressed a commitment to collaborating with the government to implement the review’s recommendations, reinforcing the need for effective change within the justice system.