Shorter prison sentences surged ahead of policy shift

Magistrates enthusiastically seized new powers to jail people for longer after being handed the power to do so two years ago. 

Newly released data from the Ministry of Justice shows that the number of custodial sentences between six and 12 months soared in the year leading up to a new statutory presumption against shorter sentences of immediate imprisonment.

To ease pressure on the Crown court, then lord chancellor Shabana Mahmood announced in October 2024 that magistrates would be allowed to deal with cases that attracted sentences of up to 12 months. Prior to that, magistrates' jailing powers only went up to six months.

Yesterday, an official report on the criminal justice system between April 2025 and March 2026 stated that the number of people jailed for between six to 12 months jumped from 1,200 to 3,800.

Data tables show a sharp increase after 2024 for custodial sentences between 6 and 12 months. The tables do not state whether the sentence was imposed by a Crown court judge or magistrate. But, for instance, the table shows that the number of immediate custodial sentences of between six and nine months jumped from 3,362 in the year ending March 2024, to 4,019 in the year ending March 2025 and 5,161 in the year ending March 2026.

In its main report, the MoJ attributes the increase to the extension of magistrates’ sentencing powers and more offenders being sentenced in the magistrates’ court rather than being committed to the Crown court for sentencing.

However, data from March 2026 should start to show fewer immediate custodial sentences of between six and 12 months being imposed. The Sentencing Act, which came into force in March 2026, states that sentences of 12 months or less must be suspended unless there are exceptional circumstances.

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 MoJ's 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.

A Ministry of Justice spokesperson said: 'Delivering justice and protecting the public is our priority and that is why more offenders are being sent to custody and being given longer sentences. But after just 500 additional net places were added under the last government, the system is under pressure. That’s why we are pulling every lever - building prison places at the fastest rate since the Victorian era with 3,200 already delivered, launching the biggest ever expansion of tagging to toughen community punishment and giving victims a say in the strict licence conditions of offenders. 

'Our changes to expand magistrates' sentencing power are also helping cases be dealt with more quickly and to reduce pressure on the Crown court, so that victims can get justice faster.'