Collective Voice responds to the Independent Sentencing Review

Our Director, Will Haydock, reacts to the Independent Review of Sentencing, and the Government’s response.

Sensible diagnosis and signs of change

We are undoubtedly facing a crisis in the criminal justice system, which needs urgent action, so the simple fact that the Government commissioned a review of sentencing is welcome.  Now the final report has been published, there’s lots to welcome for our field relating to alcohol and other drugs, and the criminal justice system generally.

The report takes a positive view of the potential for substance use treatment – and charities specifically – to support people to address the factors behind their offending.  There’s reference to Alcohol Treatment Requirements (ATRs), Drug Rehabilitation Requirements (DRRs) and Intensive Supervision Courts.

They also talk about the importance of accessible and supportive accommodation when people are released from prison, which is encouraging.  We’ve previously called for the creation of a direct, funded pathway from prison to residential substance use treatment, and we would emphasise that this would be a positive step to reduce reoffending.

Our Women’s Treatment Working Group has long flagged that women who want to change the way they use alcohol and other drugs have different needs to men, and so we need to ensure there are appropriate, tailored options.  So it was encouraging to read the review’s recommendations on treatment specifically designed for women, including the idea of a women’s specific pathway as part of DRRs and ATRs.

Ensure there is funding to deliver change

As usual though, the devil will be in the detail, or rather the implementation.  The review is clear that while there should be more community sentences instead of people going to prison for short lengths of time, this has to come with increased investment in the third sector to ensure people receive tailored, effective support to help them address their offending.  The Government response doesn’t commit to that investment.

There were a couple of areas where I had some specific concerns.

‘Good behaviour’ should be considered in a wider context

First, the Government states that people will ‘earn their way to release through good behaviour or face longer in jail’, translating what the review refers to as ‘earned progression’.  But there’s a risk here that this could have unintended consequences, widening inequalities in treatment and outcomes.  Those most in need of support, who are already facing the greatest disadvantages, may be less likely to be able demonstrate ‘good behaviour’ and therefore ‘earn’ the most useful support and in the most appropriate setting.

Don’t let new tech distract from getting the basics right

My second concern was about technology.  The review had a specific remit to think about technology, and I was worried there would be too much emphasis on ‘drug tagging’.  As our submission to the review noted, while alcohol tagging has been effective for certain people, and in relation to certain offences, the situation is more complicated with other drugs, as you need to test for a whole variety of substances, and you might push people to use unknown or more risky drugs.

But while the review and the Government response both made clear reference to alcohol tagging, there wasn’t much reference to drug tagging, and the tech suggestion for substance use surprised me.

I thought recommendation 6.10, referring to ‘emerging medications to treat drug and alcohol dependency’ would be about long-acting injectable buprenorphine, given how popular that is with various stakeholders, notably PCCs.  In fact there’s a long section on the potential of semaglutide, often known by brand names Ozempic or Wegovy.  While research and evaluation of promising interventions is always welcome, a focus on this feels like it could distract from expanding and improving the use of already licensed medications and interventions.

Make sure we’re implementing solutions to today’s problems

Almost more surprising, however, was the general framing of this section on p.112.  The context is taken from Dame Carol Black’s 2021 review, and notes ‘challenges service users face in finding suitable treatment, due to funding cuts, lack of capacity in the third sector, lack of expertise and limited treatment options’.  They also refer to ‘significant issues transitioning from custody to community on release’.

This doesn’t ring true when talking about treatment in 2025.  We have more capacity, and are engaging more people in treatment than ever, with excellent staff and a new workforce strategy to boost training, supervision and recruitment.  The transition from custody to community is again better than ever, with 56% of people getting into treatment into the community, compared to 37% when Dame Carol’s report was published.

Don’t lose sight of what happens in prisons

The situation now is different to Dame Carol’s diagnosis precisely because of her review and the subsequent drugs strategy – and crucially the associated funding.  It would be a mistake to develop solutions today for the problems of four years ago.

This is particularly disappointing because we explained this situation in our submission to the review to illustrate why we need to focus on prison-based treatment.  There has been a genuine turnaround in the community, but we haven’t had the same approach for prison settings.

Fortunately, Dame Carol has recently conducted a parallel report for treatment in prisons, and so we are now, as in our response to the current Justice Committee inquiry, calling on the Government to implement these recommendations.

If we simplify the way in which services are funded, commissioned and monitored in prison, and ensure there is a clear focus on reducing reoffending, we can help more people receive more effective support, reducing crime and making prisons and our communities safer.

Let’s work together to deliver change

There are real opportunities from this sentencing review, but the Government must also provide investment and leadership drive the change we need to see.  I’m looking forward to working with the Government and other partners to deliver on the ambition in the sentencing review.