written by Olivia Burgess
Hibiscus Initiatives’ Policy and Public Affairs Specialist
The Independent Sentencing Review has this week released its first report examining the history and trends in sentencing observed in England and Wales.
As stated in our submission to the Independent Sentencing Review, we welcome it as an opportunity to acknowledge and address the harm that current sentencing guidelines and practices inflict to those in contact with the Criminal Justice System (CJS). This is particularly true of Black and minoritised migrant women who face intersectional discrimination and significant harm within the CJS.
The report highlights the sharp and shocking rise in the prison population, which has more than doubled to 85,000 people between 1993 and 2024, with projections indicating continued annual growth of 3,000 people. However, we were disappointed to see that it does not address the disproportionate increase in the number of women in prison. As of March 2024, the female prison population had risen by 10% compared to the previous year, while the male prison population increased by 5%. This contrasts with the overall decline in the proportion of convicted offenders who were female, which fell from 26% in 2017 to 21% in 2021. Given that prison is an especially unsuitable and harmful environment for women, this significant rise deserves full analysis in the review.
The report does acknowledge the overrepresentation of women in the CJS who are victim/survivors of Violence Against Women and Girls (VAWG). Our experience indicates that this remains a significant issue, as many women’s convictions are directly linked to the abuse they have experienced, whether through coercion or force or as a result of trauma. Moreover, the CJS fails to support victim/survivors of VAWG, including through inadequate access to specialist medical care, while simultaneously detaining them in stressful and harmful conditions.
The report also notes the disproportionately harsh sentencing and overrepresentation of Black and minoritised people in prison. However, it fails to address intersectional discrimination, particularly the specific challenges faced by Black and minoritised migrant women. While the report acknowledges the “ongoing need for sustained efforts across the system to understand and address disparities,” it regrettably states that racism and racial discrimination remain “outside the scope of this review.” We believe this is a significant omission and again call for urgent and wide-reaching consideration as part of this review into the impact of racism and intersectional discrimination in the CJS.
We welcome the review’s finding that the rise in the prison population has resulted from successive governments’ decisions and a “tough on crime” approach focused on punishment: an approach that has not been the most effective in reducing crime. The report highlights that custodial sentences are in fact linked to an increased likelihood of reoffending. As we noted in our submission, this issue has been exacerbated by underinvestment in support services and alternatives to custody that could provide effective rehabilitation and reduce reoffending.
The report acknowledges the need for coherent change, moving away from the assumption that punishment should be the focus of sentencing, and that imprisonment is the only viable form of punishment. Sentencing policy should be rooted in evidence of what is most effective in reducing crime and reoffending, rather than serving as a reactionary measure to demonstrate government action.
We look forward to reading the review’s second report, due in Spring 2025, which will outline recommendations to address the capacity challenges both in the short and long term.
For more information, please contact Olivia Burgess at olivia@hibiscus.org.uk