The government’s new Sentencing Bill, introduced yesterday (2 September 2025), marks a long-overdue shift in sentencing policy, but Working Chance has concerns about new powers afforded to the justice secretary and Chief Lady Justice.
We are very pleased to see the Bill implementing recommendations from the Independent Sentencing Review that will bring meaningful change to people in the criminal justice system, especially women.
It proposes reforms to ease pressure on prison and probation, including a presumption against short sentences and a greater focus on community sentences – measures we have long advocated for. Short sentences cannot offer meaningful rehabilitation, but community sentencing allows people to maintain family ties, and to retain employment and housing - all critical factors in rehabilitation. For women especially, non-custodial sentences mean that they can serve sentences without losing custody of children.
However, we are concerned by new proposed powers allowing the justice secretary and Lady Chief Justice to veto guidelines from the Sentencing Council (an independent body that advises judges and magistrates across England and Wales). We believe this risks giving government too much control over sentencing guidelines, weakening the Council’s independence and undermining its expertise.
The proposal comes in the wake of a dispute earlier this year over the Council’s guidance recommending an increased use of Pre-Sentence Reports (PSRs), encouraging judges and magistrates to consider the backgrounds and circumstances of minority groups who consistently receive longer sentences than white offenders for indictable offences. The government introduced a new law in June to block these guidelines from coming into effect.
The Council exists to provide judges and magistrates with evidence-based, independent guidance to inform their sentencing decisions. Their guidance represents consultation, lived experience, and examples of best practice from across the criminal justice sector. We are concerned that the proposed new powers risk sentencing guidelines being influenced by political considerations.
If guidelines are to be vetoed, the government must be transparent about why, and commit to basing its decisions only on robust evidence. Without such safeguards, there is a real risk that this and future governments could implement ineffective, and even potentially harmful, sentencing practices.
Alex Clarke
Policy Officer
