The Sentencing Bill- What are the Implications for Equity in the Justice System?

The Sentencing Bill introduced by former justice secretary, Shabana Mahmood in September 2025 is a pivotal piece of legislation that will change the national landscape of criminal justice. It is clear that reforms are overdue as the current system is in crisis, from overcrowded prisons to depleted probation services. This Bill addresses the findings of the Independent Sentencing Review (ISR) published in May 2025, and focus issues are prison overcrowding, offender management, and victim protection.

Realistic approaches to sentencing that acknowledge short term sentences can be costly but fail to reduce recidivism, are welcome. Structuring sentencing approaches to be responsive to good behaviour whilst setting reasonable parameters to address and manage risk where it arises, mean that people can manage their sentence, knowing the parameters and making appropriate decisions.

The earned progression system is geared towards enabling custodial sentences as appropriate but building in progression as part of the design so that there is planned onward movement into the community, with restrictions and conditions but also opportunities to reintegrate, which is a positive motivation.

The Sentencing Bill impact assessment succinctly explains the following benefits of community centred sentencing;

‘…This will mean they would be better able to maintain their personal relationships and be able to continue any employment. Community based mental health and substance misuse treatment could greatly improve the lives of offenders and the families of offenders and reduce reoffending’.

It is rightly pointed out that this is particularly beneficial to address the barriers and concerns which women in the justice system have highlighted. This person centred approach is going to be crucial to the new models introduced by the Sentencing Bill succeeding.

However, this new approach requires nuance and balance in assessing and supporting people moving through the tiers of the proposed system. The institutionalisation that is a significant causal factor in the current justice system crisis is diametrically opposed to the individualisation that is crucial to judge and assess people appropriately, and then support them in community settings.

Criminal justice professionals from court to community will be increasingly evaluating compliance and balancing risk, but to do so successfully and safely, they will require extensive training. The sentencing bill is demanding new ways of working from the same system that is currently demonstrating racial bias and discrimination throughout its pathways. The data shows us that the extended recall period put forward in the Sentencing Bill will be disproportionately applied to persons of colour.

The justice system is still facing significant staffing shortages, leaked documents recently revealed that according to a sentence management activity review by His Majesty’s Prison and Probation Service (HMPPS), there is a shortage of around 10,000 staff members. Staff shortages exacerbate the inequalities faced by those on justice pathways. With sentencing now becoming community centric, a robustly staffed and trained probation workforce is essential but shortfalls increase risk so we must ask how this will be managed?

Further changes to skilled worker visas in July mean that as their contracts come up for renewal, prison staff will become ineligible for visas. This is because new government rules now stipulate a minimum salary of £41,700, but new recruits earn about £33,000. Up to 1,000 members of staff, recruited at an average cost of £10,000 each, are put at risk of losing their jobs, which also exacerbates the myriad risks associated with staffing shortfalls.

It is vital that this complex Bill is appropriately applied or else it will further exacerbate inequalities. As well as a fully staffed, intensively trained workforce, investment into developing robust community structures to ensure access for those on criminal justice pathways, will be essential. People on justice pathways experience multiple barriers and stigma in accessing support from statutory organisations and public systems so additional work to address barriers to community integration are needed.

The advocacy and accessibility provided through peer support by those with lived experience and the expertise and grassroots experience of voluntary, community, faith, and social enterprise groups and organisations, are undoubtedly the enablers needed to prevent the new Bill setting marginalised people up to fail.

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