Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she is taking steps to reduce the use of short custodial sentences for non-violent offences.
In line with the Independent Sentencing Review’s recommendation on reducing the use of short custodial sentences, the Sentencing Bill 2025 introduces a presumption to suspend short custodial sentences of 12 months or less, including for non-violent offences. We are not abolishing short sentences - judges will always have the power to send offenders to prison where they have breached a court order, where there is a significant risk of physical or psychological harm to a particular individual, or in exceptional circumstances.
Evidence shows community orders and suspended sentences can be more effective at reducing reoffending than short custodial sentences. Around 60% of adults jailed for under a year reoffend within 12 months. Ministry of Justice matched cohort research shows offenders released from short prison sentences of less than 12 months reoffend at a higher rate (up to 4pp) than similar offenders given a community or suspended sentence.
Limiting the use of short sentences will not only help offenders to leave the merry-go-round of re-offending but reduce crime, leading to fewer victims and safer communities.