Sentencing Bill, Second Reading, House of Commons, 16 September 2025

• The LGA welcomes a focus on tackling reoffending whilst alleviating pressure on the prison estate, the introduction of a ‘progression model’ to incentivise good behaviour, highlighting Domestic Abuse (DA) in sentencing and a more rapid mechanism to facilitate the deportation of Foreign National Offenders (FNOs).
• We remain concerned the recommendations of the LGA to the Independent Sentencing Review (ISR) and Lord Chancellor have not been taken on board in the Bill. It is a missed opportunity that councils – who largely own or manage community assets – will not be expected to co-ordinate a pipeline of community payback schemes in conjunction with the probation service (who will and should manage these schemes).
• Councils will require adequate resources to deal with additional demand for homeless, mental health and employment support and drug and alcohol treatment. It is not clear how or when the Government might allocate such resources.

• The number of people incarcerated is increasing while the average cost per prisoner is also increasing. This comes at a time when the prison estate has capacity challenges.
• According to a Ministry of Justice Impact Assessment (IA) from November 2023: “Sentences of less than 12 months have a proven reoffending rate of 55 per cent. Studies suggest that diverting people to community-based sentences could reduce reoffending by about 4 percentage points.”
• In the year leading up to March 2024, 9,210 individuals were released from prison into homelessness or rough sleeping, marking a 31 per cent increase from 7,055 the previous year. This accounts for 13.1 per cent of all prison releases, up from 11.3 per cent the prior year.
• Councils provide social housing for the homeless and plays a significant role in rehabilitation via drug and alcohol treatment, mental health and employment support.
• The Sentencing Bill implements many of the final recommendations from the ISR published on 22 May 2025. The ISR was chaired by former Conservative Lord Chancellor, The Rt Hon David Gauke. The Government accepted the work of the ISR in principle. The LGA supported a move to tackle prison overcrowding and reoffending and called for:
  • an expansion of community-based sentences (with adequate resources for local agencies) – as there is evidence diverting people from sentences of less than 12 months to community-based sentences could reduce reoffending.
  • the ability for councils to co-ordinate (but not manage) community payback schemes – as they own or manage most community assets.
  • a recognition of the role of councils in rehabilitation with local flexibility – offering possible employment, social housing, alcohol and drug treatment and mental health support.
  • education and continuity in prisons – to improve employability of offenders.
• The final ISR report twice referred to local authorities in their recommendations:
  • Recommendation 2.3 – Increase investment in providers of Community Sentence Treatment Requirements to increase accessibility for offenders with substance misuse or mental health issues.
  • Recommendation 4.5 – Improve investment in and access to accommodation in the community for offenders leaving prison and those serving sentences in the community.
• A key aim of the Bill is to put the prison system on a more sustainable footing by preventing prisons from running out of available space by reducing reoffending and ensuring sentencing, punishment and community measures better serve victims. The Bill offers:
  • presumption against short custodial sentences – courts will generally suspend custodial sentences of 12 months or less, unless there is a breach of a court order or in certain serious or public protection cases.
  • a ‘progression model’ for sentences – introducing a multi-stage supervision / licence regime for offenders. In the second stage, probation will have additional powers: setting more restrictive licence conditions (such as barring driving, attending public events, pubs etc.), drug testing, setting restriction zones, etc.
  • improvements in highlighting DA in sentencing – judges will be required to state in open court whether DA was a factor and this will be recorded.
  • extension of deferment orders – the maximum period for a deferment order is increased from 6 to 12 months, giving courts more flexibility especially in cases involving ‘transitional life circumstances’ (e.g. illness, pregnancy).
  • other community and probation measures – enhanced supervision, more restrictive licence conditions, etc.
  • FNOs / removal / immigration links – provisions relating to faster deportation for FNOs by removing the previous minimum custodial period requirement and expanding the Early Removal Scheme.
  • changes to sentencing guidelines and oversight – changes to how sentencing guidelines are framed and overseen by restricting the Sentencing Council from issuing guidance that singles out particular ‘cohorts’ (e.g. by race, religion, cultural background) in the name of equal treatment before the law.
• The presumption to suspend shorter sentences could create confusion about the disqualification criteria for councillors. Councillors are disqualified for five years if they received a custodial sentence of three months or more without the option of a fine, even if it is suspended. However, this is often poorly understood by candidates and the public. If suspended sentences are to become the norm for sentences under a year, then we would suggest the Government should produce clear guidance setting out disqualification criteria across elected roles. Such guidance would support public understanding of how and when disqualification occurs and reduces the risk of candidates running for office when disqualified.

• The LGA welcomes:
  • focus on tackling reoffending whilst alleviating pressure on the prison estate.
  • the introduction of a ‘progression model’ – to incentivise good behaviour.
  • highlighting DA in sentencing.
  • a more rapid mechanism to facilitate the deportation of FNOs.
• The LGA remains concerned:
  • the recommendations of the LGA to the ISR and Lord Chancellor have not been taken on board.
  • councils will require adequate resources to deal with additional demand for homeless, mental health and employment support and drug and alcohol treatment. It is not clear how or when the Government might allocate such resources.
  • it is a missed opportunity that councils – who largely own or manage community assets – will not be expected to co-ordinate a pipeline of community payback schemes in conjunction with the probation service (who will and should manage these schemes).

Arian Nemati, Public Affairs and Campaigns Adviser
Email: [email protected]

Sentencing Bill 2025: Impact of the Bill on member disqualification and other legislative interactions