Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the effectiveness of custodial sentences under 12 months.

The evidence shows that those given a community order or suspended sentence reoffend less than similar offenders given a short prison sentence. Short prison sentences can exacerbate issues with employment, housing, and maintaining family ties, without allowing sufficient time to provide effective rehabilitative services.

In line with this evidence, and recommendations made by the Independent Sentencing Review, the Sentencing Act 2026 introduced a presumption for the courts to suspend sentences of immediate custody, of 12 months or less. The courts will always have the power to send offenders to prison where they have breached a court order, an individual is at significant risk of physical or psychological harm, or in exceptional circumstances.

Limiting the use of short sentences will help offenders to break the cycle of re-offending, reduce crime and lead to fewer victims and safer communities.