Statement from Claire Waxman OBE
“The announcements today are a pivotal moment, with a transformation of sentencing raising understandable concerns for victims and the public. With prisons currently at 99% capacity and space expected to run out in November, this Government has been left in the unenviable position of needing to take drastic action to reduce the prison population. Government must ensure that victims are a central consideration to these reforms.
The presumption against short custodial sentences under 12 months is a significant shift, and while I support efforts to reduce reoffending through more robust community alternatives, I am pleased that this will not be a blanket approach. Protective orders will be an exception to this presumption, continuing to threaten custodial sentences for those that breach them. It is absolutely crucial that custody remain available for offenders who persistently target their victims – such as in stalking and domestic abuse cases – and I urge Government to preserve this option. For those who do receive community sentences; with tougher conditions such as tagging, curfews, and improved exclusion zones; these measures must be rigorously enforced and properly resourced to ensure they do not compromise victims’ safety or confidence in the justice system.
The introduction of a new ‘progression model’ for sentencing will see some offenders released from custody earlier than ever before – just a third of the way through their sentence. Tying an offender’s release with their behaviour has clearly seen success in reducing reoffending in other jurisdictions like Texas, and I hope we will see similar success here. This being said, this model will not be appropriate for all offenders, as behaviour in custody is not always an indication of risk, particularly in cases such as child sexual abuse, domestic abuse, and stalking – where the offending is targeted against a specific person or children. With victim confidence in the justice system already so low, these proposals will need careful consideration so as not to further erode trust.
Communication with victims will be key in these reforms. Sentencing must provide victims with some sense of closure and certainty, and so it is vital that under this new model an offender’s sentence and release date is clearly and effectively communicated to their victim in good time so as not to cause further anxiety. I am pleased to see the uplift of £700m in probation funding, and hope this will also support the work of the Victim Contact Scheme in providing victims with the information they desperately need to cope, recover, and feel secure.
I am pleased to see Government use this opportunity not just to address the prison capacity crisis, but also to proactively make some improvements that will benefit victims. The introduction of a ‘domestic abuse flag’ at the point of sentencing will significantly help our understanding of which offenders pose continued risk to their victims, and so support efforts to ensure they are better protected. I am also hugely pleased to see the success of our Open Justice campaign and the announcement that victims of rape and sexual offences will continue to access free transcripts of sentencing remarks. I hope this lays the groundwork for continued expansion, as I have long called for all victims to be able to access this information freely.
It is clear that much of the detail of these reforms is still to be worked out, and I will work closely with Government in the coming months to ensure that victims’ voices are represented and considered in these new measures. Reforms to our justice system should never come at the expense of victims’ or the public’s safety.”
- Claire Waxman OBE, London's Independent Victims' Commissioner