The number of people sentenced to short spells in prison more than doubled in the magistrates' court after magistrates were granted greater powers, according to newly released figures from the Ministry of Justice.

Criminal justice data published today shows that the number of people jailed for between six to 12 months jumped from 1,200 to 3,800 between April 2025 and March 2026.

The report states that the increase followed the extension of magistrates’ sentencing powers in November 2024, which enabled them to impose custodial sentences of up to 12 months for single triable either-way offences. More offenders were also being sentenced in the magistrates’ court rather than being committed to Crown court for sentencing. Accordingly, the data shows that short custodial sentences imposed in the Crown court fell by 8%. The report states that custodial sentences of less than 12 months continued to account for over half of all custodial sentences.

Next year's statistics should show a sharp decline in the number of short sentences. The Sentencing Act, which came into force in March, states that sentences of 12 months or less must be suspended unless there are exceptional circumstances.

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This particular measure was recommended by the Gauke review, which said: ‘While short custodial sentences may serve as punishment, they often fall short in providing meaningful rehabilitation to offenders, have a limited deterrent effect and come with high costs. Ministry of Justice analysis found that short custodial sentences (those which are less than 12 months long) were associated with higher proven reoffending than suspended sentence orders and community orders.'

The latest statistical report also reveals that 89,200 offenders were sentenced to immediate custody in the year ending March 2026 – an 8% increase on the previous year and the highest level seen since the year ending March 2018. The figures could force prime minister Andy Burnham to resume the early prisoner scheme that was due to commence in September.