Sentence inflation: a judicial critique

The most senior former judges in England and Wales have called on the government to reverse the trend of imposing ever longer sentences, giving warning that radical solutions are needed to address the acute crisis in prisons.

In a paper published today (Friday 6 September) by the Howard League for Penal Reform, they outline how and why prison sentences have increased in recent decades and the impact this has had.

The paper, Sentence inflation: a judicial critique, is signed by the four surviving former Lords Chief Justice of England and Wales – Lord Woolf, Lord Phillips of Worth Matravers, Lord Thomas of Cwmgiedd, and Lord Burnett of Maldon – and Sir Brian Leveson, the only surviving President of the Queen’s Bench Division who was also Head of Criminal Justice.

The former judges say there is nothing to justify the fact that custodial sentence lengths have approximately doubled over the half-century that they have been involved in the law. The number of people in prison has risen from about 40,000 in 1991, the year in which the Woolf Report into the Strangeways riot was published, to more than 88,000 today.

The paper explains how legislative changes, such as the introduction of statutory starting points for the minimum terms for murder in Schedule 21 of the Criminal Justice Act 2003, have been the main drivers of sentence inflation.

Noting the human but also high financial costs of prison, it recommends that the government should be seeking to reduce to a minimum the amount of public money that has to be spent on imprisonment.

The former judges’ intervention comes the week before about 1,500 people are expected to be released from prison under an emergency measure, which reduces from 50% to 40% the proportion of custodial sentences to be served in prison for some. The government has also decided to undertake an urgent independent review of sentencing legislation and practice.

Lord Phillips of Worth Matravers, who chaired the former judges’ discussion, said: “The current crisis in prisons has meant that there is now political engagement at the highest levels of government with the question of who goes to prison and for how long.

“While much of the discussion of the crisis has focused on urgent remedial measures, the primary cause of prison overcrowding in 2024 is decades of sentence inflation.

“If prisons are to become places of rehabilitation and restoration to citizenship, places where prisoners can receive the support and interventions needed to return safely to the community and desist from offending, there needs to be a fundamental shift in the drivers of sentencing policy.

“We call for an honest conversation about what custodial sentences can and cannot achieve; their human and financial costs; and urge a return to more modest proportionate sentences across the board.”

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “It is extremely rare for our most senior former judges to come together to recommend action on a specific issue of public concern. With decades between them at the coalface of criminal justice and sentencing, their analysis is essential. It indicates how serious the prisons crisis, and the sentence inflation that caused it, have become.

“Without urgent remedial action, England and Wales could soon experience US-style mass incarceration. Embracing the measures suggested in this paper would set us on a different path, towards a more humane and effective response to crime that provides justice to all and helps to reduce reoffending.”

Notes to editors

1. The Howard League for Penal Reform is the oldest penal reform charity in the world. It is a national charity working for less crime, safer communities and fewer people in prison.
2. Sentence inflation: A judicial critique can be downloaded here.

Contact

Rob Preece
Communications Manager
Tel: +44 (0)7714 604955
Email: robert.preece@howardleague.org