Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the report by the College of Policing Report entitled Imprisonment and other custodial sanctions, published on 30 November 2023, what assessment he has made of the potential impact of custodial sanctions on imprisonment statistics.

The College of Policing Report entitled ‘Imprisonment and other custodial sanctions’ looks at the relationship between custodial sentences and reoffending. The findings are in line with a 2019 Ministry of Justice study entitled ‘The impact of short custodial sentences, community orders and suspended sentence orders on reoffending’. Both studies found that offenders given custodial sanctions are more likely to reoffend compared to those given non-custodial sanctions. For some lower-level offenders, suspended and community sentences may be more effective for rehabilitation. In these cases, short custodial sentences may even entrench an offender in criminality, cutting them off from employment and community connection.

The data for 2020/21 shows that 55% of people given a custodial sentence of less than twelve months are cautioned or convicted for further crimes within 12 months of release. For offenders punished with Suspended Sentence Orders with requirements, the reoffending rate is much lower at 24%.

The Government recently introduced the Sentencing Bill, which includes a duty on the courts to suspend custodial sentences of twelve months or less. The courts will retain a wide discretion to impose immediate custody in many circumstances.