Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential impact of gender on (a) custodial sentence length and (b) rates of reoffending.

Sentencing decisions are a matter for the courts, which must follow statutory sentencing guidelines, developed by the Sentencing Council, unless it would be contrary to the interests of justice to do so.

Those guidelines are gender‑neutral, requiring courts to assess culpability, harm, and all relevant aggravating and mitigating factors in each individual case. The law and guidelines allow sentencers to take account of an offender’s personal circumstances where relevant, such as primary caring responsibilities, pregnancy, mental health needs, or experiences of abuse, which may arise more frequently among female offenders.

The Independent Sentencing Review recognised that women in the criminal justice system often present with complex vulnerabilities and are typically lower risk to the public, and that short custodial sentences can be less effective for many women than robust community‑based alternatives. In response, the Government has taken forward reforms through the Sentencing Act 2026 to reduce the unnecessary use of short custodial sentences and expand the use of community‑based disposals where appropriate. These reforms apply to all offenders.

The Government is committed to ensuring sentencing is fair, proportionate, and equitable. Consistency is promoted through statutory guidelines and judicial training. Alongside this, in 2024, the Government has established a Women’s Justice Board to advise on reducing the number of women going to prison with more managed in the community. Community supervision can often be more effective than custody in addressing the root causes of offending, helping women rebuild their lives and reduce reoffending.