Prison Sentences

(asked on 29th August 2025) - View Source

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.


Answered by
Nicholas Dakin Portrait
Nicholas Dakin
Government Whip, Lord Commissioner of HM Treasury
This question was answered on 5th September 2025

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.

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