Gauke’s Law? Some initial thoughts on the Sentencing Bill 2025
Last week, Consultant Solicitor at GT Stewart, Dr Laura Janes, published an article in the Law Society Gazette analysing the new Sentencing Bill.
The Independent Sentencing Review led by former Conservative justice secretary, David Gauke, was prompted by a prison population that has doubled since 1993 to 88,000 people. In May, the justice secretary told the House of Commons that most of the review’s recommendations would be accepted. However, the government proceeded to introduce a new Sentencing Bill on 2 September 2025 rather than issuing a detailed response.
The new sentencing bill introduces significant changes to sentencing and release provisions. But, the scope and implementation of these changes remain unclear. Laura notes that the changes will add a great deal of complexity to sentencing and release procedures. She explains how 'the Gauke review found that the key drivers of the rise in the number of people in prison are the increase in the use and length of custodial sentences. Yet less than half of its 48 recommendations relate directly to reducing the use or length of custody.
Laure highlights unexpected developments including:
- the curtailment of the Sentencing Council’s independence,
- changes to the bail test affecting women and carers,
- a new progression model for early release, longer fixed-term recalls,
- the exclusion of children from earlier release opportunities despite the adult prison capacity crisis.
The bill implements some of Gauke’s key proposals. However, a significant number of caveats undermine their potential impact and the changes add a great deal of complexity. This requires practitioners to take considerable care and time to understand them.
