What is the Sentencing Bill?
The introduction of the Sentencing Bill 2025 comes following a government-launched Independent Sentencing Review conducted by Lord Chancellor David Gauke in October 2024. This review was launched following a carceral crisis which left prisons at the point of collapse and at risk of overflowing.
Following this review, the government expects to invest £4.7 billion in prison building, however they predict that this will still not be sufficient. It is estimated that demand for places in prisons will outstrip supply by 9,500 in early 2028.
The Review was conducted with the aim of preventing any future governments from finding themselves in the same position as our current government. The Sentencing Bill takes into consideration suggestions from Gauke’s review and aims to reform the criminal justice system by introducing several changes which will reduce prison demand, ease pressure on courts and tackle re-offending.
As of October 2025, the Sentencing Bill has reached the Committee Stage in the House of Commons, meaning it has not yet been approved, and the particulars are still being considered.
If the Bill is passed, the following changes may be introduced:
1. The ‘Progression Model’ for Prison Sentences
This is a sentencing model inspired by Texas which aims to make changes to how prison sentences in the UK work. The Progression Model will, among other adjustments, bring changes to the minimum release date for custodial sentences.
For those serving Standard Determinate Sentences (SDS) where the current automatic release date is 40% or 50%, the minimum release date will be brought down to one third (1/3). For more serious SDS offences, the minimum release date will be brought down to 50%, where the current automatic release date is 67%.
In addition, the Progression Model proposes a three-stage system which will aim to reduce the amount of time offenders spend in prison if they demonstrate good behaviour:
Stage 1
This relates to the portion of the individual’s sentence which is served in prison. The proposed changes will see the individual’s behaviour directly affecting their release date. If individuals demonstrate good behaviour and rehabilitation, the less time they will spend in prison. Likewise, if they demonstrate bad behaviour, the longer they may spend in custody.
Stage 2
This relates to the period after the individual is released from prison where they will enter a period of Intensive Supervision, meaning that individuals will be more closely monitored. This will see thousands more offenders tagged and under closer management by the Probation Service. The Bill will also provide the Probation Service the power to set new restrictive license conditions.
Stage 3
This final stage is largely dependent on whether the individual in question is considered high risk. The highest risk offenders will continue to be under Intensive Supervision and will retain license conditions until their sentence is complete. All other offenders will remain on license and be subject to relevant license conditions but will not be subject to active probation supervision.
2. Harsher Conditions for Non-Custodial Sentences
For individuals who have not been given a prison sentence, the government aims to impose tougher community punishments that will give back to society. This will include ‘toughening up’ unpaid work and introducing Intensive Supervision Courts for prolific offenders.
Also proposed is an increased visibility of community payback, where the names and photographs of offenders subject to any unpaid work requirements will be published.
3. New Range of Requirements for Non-Custodial Sentences
The Bill aims to introduce a range of new requirements which courts will be able to include as part of a community order or suspended sentence. These restrictions include banning individuals from:
- Pubs
- Bars
- Clubs
- Sporting events
- Other public events
Other requirements will also include driving bans and new restriction zones, requiring offenders to stay within a specified geographical area.
4. Medical Intervention for Sexual Offenders
This controversial process has also been colloquially referred to as ‘chemical castration’, targeted at individuals in prison who have been convicted of a sexual offence. Chemical castration involves undertaking psychiatric work, alongside drug therapy, delivered through two types of drugs:
- Selective serotonin reuptake inhibitors (SSRIs), which limit invasive sexual thoughts, and
- Anti-androgens, which reduce the production of testosterone and limit libido.
This therapy is targeted at sex offenders who have compulsive and invasive thoughts about sex or who have problematic sexual preoccupations.
This scheme was first piloted in the UK in 2007 and later rolled out in six more prisons in 2016. In 2022, the pilot extended the program to five prisons in South-West England, however the Government intends to extend the program to 20 prisons in England.
As it stands, the program is voluntary. However, the UK justice secretary has stated that they are exploring a national rollout of the program and whether it could be made a mandatory treatment for sex offenders. This is not currently confirmed and no timeline for this decision has been set as of yet.
5. Suspending Shorter Prison Sentences
There has been significant evidence to suggest that community orders and suspended sentences are more effective when it comes to reducing reoffending in comparison to shorter sentences of immediate prison. The Bill proposes a presumption to suspend prison sentences of 12 months or less.
However, this will be considered on a case-by-case basis and short sentences of immediate prison may be necessary in some cases when it comes to safeguarding victims of domestic abuse or violence against women and girls (VAWG).
6. Increased Support for Victims
The Sentencing Bill recognises the importance of supporting victims of crime as well as punishing offenders. To do so, the Bill will create a new domestic abuse flag at sentencing.
This means that if a person is being sentenced for an offence relating to domestic abuse, this will be highlighted within the court so that the Judge or Magistrates can consider the seriousness of the offence deciding the punishment.
What Happens Next?
In time, we will see which of these changes, if any or all, are implemented and what effect this will have on the UK Criminal Justice System as a whole. It is likely that these changes will have a significant impact on sentencing practices and the rights of both offenders and victims.
If you are facing a criminal conviction of any kind, it is essential that you seek specialist legal advice from a criminal solicitor who can give you advice and guidance on what the law is at the time of when any offence is committed and what is in force at the time of Sentence. This is a constant sea of change and having solicitors who are familiar with these changes before they and after they are implemented can help one navigate this challenging process. By doing so, you will be in a better position to protect your future and to secure the best possible outcome. If you are in need of legal guidance, contact our specialist team on 0333 577 0522 or visit our enquiries page.
