A Turning Point for Sentencing? Gauke’s Independent Review Calls Time on Ineffective Short Prison Terms

The recently released Part 2 of the Independent Sentencing Review, led by former

Justice Secretary and Offploy Patron Rt Hon David Gauke, sets out a bold and evidence-

based vision for a smarter approach to justice in England and Wales. At its core is a simple

but powerful message: short custodial sentences don’t work—and the time has come

to replace them with community-based alternatives that genuinely reduce reoffending.

Backed by extensive evidence and sector consultation, including Offploy’s own

submission, the review proposes a rebalancing of sentencing policy that prioritises public

safety, proportionality, and rehabilitation over costly and counterproductive incarceration.

What the Review Says

The report confirms what many working in criminal justice have long known: short prison sentences (particularly under 12 months) are “less effective at reducing reoffending than community-based sentences” (p. 25). In fact, people who serve these short sentences are more likely to reoffend than those given suspended or community alternatives.

Despite this, such sentences are still used frequently—especially for non-violent, low-level offences—contributing to a bloated prison population and worsening the crisis of overcrowding.

The review recommends that government and the judiciary shift towards greater use of robust, community-based alternatives, including:

• Community service and curfews

• Problem-solving courts and restorative justice

• Treatment and rehabilitation programmes

• Meaningful work placements and education

• Expanded use of electronic monitoring

Offploy’s Perspective: Sentencing Must Work for Rehabilitation

Offploy welcomed the opportunity to contribute to the review, drawing on our work with thousands of people navigating the justice system and re-entering society. In our submission, we echoed the report’s findings and called for:

• A significant expansion of non-custodial sentences, with built-in support for rehabilitation, education, and employment

• Greater judicial discretion to tailor sentences based on individual need and risk, underpinned by clearer guidance

• Fairer and more coherent disclosure laws, so that people know when their conviction becomes spent

• Employment-focused sentencing pathways, recognising work as a critical factor in reducing reoffending
  

We also raised concerns about inconsistencies in current rehabilitation periods—for example, how a 12-month prison sentence can result in a shorter disclosure period than a minor motoring offence. These anomalies undermine fairness and confuse employers, individuals, and advisers alike.

The Problem with Short Sentences

The review highlights a crucial point: short prison sentences actively worsen outcomes. They disrupt housing, employment, family ties, and mental health—key pillars of desistance.

Worse still, short sentences often result in people being released with no support, no skills, and no preparation—a recipe for failure. In contrast, community sentences can be structured to address the root causes of offending and offer the stability needed to build a new life.

Employment: The Missing Link in Sentencing

Offploy’s own research, evaluated by the Ministry of Justice’s own Justice Data Lab, shows that individuals on our peer-mentored employment programmes commit fewer proven reoffences. Employment isn’t just a job; it’s a pathway to purpose, connection, and independence.

That’s why we’ve called for sentencing to do more to support employability:

• Introduce National Insurance holidays for employers who hire people on community sentences or probation

• Embed employment support and disclosure advice in sentencing statements

• Expand through-the-gate education, vocational training, and job placements

• Ensure individuals know when their conviction becomes spent, ideally through court-issued disclosure statements

These reforms aren’t radical—they’re practical. And the sector is ready.

A Sector-Wide Opportunity

Gauke’s review recognises the importance of frontline experience and cross-sector collaboration. At Offploy, we’ve always said the future of justice reform won’t be built by one organisation—but by the combined efforts of practitioners, peer mentors, employers, courts, and community partners.

Tools like our new Disclosure Toolkit are already being used across the country to help individuals and advisers understand what must be disclosed and when. But as the review recommends, this type of information should be standardised and provided at the point of sentencing—not left to chance.

What Happens Next?

The Independent Sentencing Review provides the blueprint for a fairer and more effective justice system—one that balances accountability with rehabilitation and reduces the reliance on prison for problems it cannot solve.

Now it’s up to policymakers, courts, and practitioners to turn these recommendations into reality.

At Offploy, we’ll continue to champion sentencing reform that puts people on a path to reintegration, not reoffending. We believe everyone deserves a fair chance—and that sentencing should be the start of that journey, not the end.

👉 Read the full review here: Independent Sentencing Review – Part 2 (GOV.UK)

📘 Explore Offploy’s Disclosure Toolkit: www.disclosuretoolkit.org