Statement from the Victims’ Commissioner on the publication of the Gauke Review

The findings of an independent sentencing review led by former Conversative Justice Secretary David Gauke, were published Thursday 22 May 2025.

Commissioned in response to mounting pressure on the England and Wales prison estate – demand driven primarily by longer sentences and increased recalls – the review explores alternatives to custodial sentences, particularly for non-violent and short-term offenders.

Describing the review as an important milestone and opportunity to confront ‘hard truths’, Baroness Newlove has raised concerns, questioning whether already stretched probation services will be able to absorb the increased number of offenders serving their sentence within the community.

Responding to the findings, the Victims’ Commissioner for England and Wales, Baroness Newlove, said:

“In the past two years, a series of emergency measures have been introduced to avert crisis in our prisons. These have coincided with record court backlogs and a justice system that is overstretched and struggling to deliver on its promises to victims. These failings have evolved over many years and, inevitably, they have had a big impact on victim confidence. We are going to have to work hard to rebuild their trust.

“The publication of the Sentencing Review is an important milestone – a chance to confront hard truths and commit to building a justice system that is both effective and sustainable. Hard decisions are going to have to be made. As Victims’ Commissioner, I understand their necessity – but I do have concerns.

“The pace of change feels urgent, as if we are racing against the clock. I appreciate the reasons for urgency, but this speed exacerbates my reservations.

“The reforms set out in the Review place great emphasis on community and licence supervision, as more offenders are diverted from custodial sentences. My overriding concern is whether the already stretched probation service can withstand this additional pressure. Managing offenders is a skilled job with serious public safety implications. The additional funding is welcome and will allow more staff to be recruited, but many long-serving staff have left the service in recent years. You cannot buy experience.

“The report acknowledges confidence in community sentences is low, both in terms of their effectiveness and how they are enforced. I want to know how we plan to rebuild that confidence, so that victims and communities feel safe. I will continue to press for victims to be appropriately consulted on the conditions attached to these orders.

“The review also recommends early release for prisoners who behave in prison. Compliance with prison regimes is important, but other important factors must also be taken into account, such as remorse, and evidence of a reduction in risk.

“Victims tell me they want a criminal justice system where public safety is the first priority, criminals serve the sentence handed down by the courts, community sentences are managed effectively, and every effort is made to reduce re-offending. It is so important this review draws a line in the sand and delivers on all of these priorities so that all victims get the justice they deserve.“

• Read the full review on GOV.UK

• Short custodial sentences and judicial discretion: In her submission to the Gauke Review, the Victims’ Commissioner raised the importance of short custodial sentences as a means of providing respite from harassment and distress in some cases. She welcomes the acknowledgment of this concern, but it is crucial judicial discretion must not be so narrowly drawn that it applies only in the most exceptional cases.
• Domestic abuse flag: The Victims’ Commissioner welcomes the introduction of a domestic abuse flag to help identify perpetrators and ensure appropriate safeguards are in place. She will be seeking further detail on how this will operate in practice.
• Funding: Baroness Newlove welcomes the references in the report to the need to provide support for victims. It also calls for additional funding to being directed to third sector providers of rehabilitation services for offenders, which the Commissioner also welcomes. That said, victim support services are currently facing cuts to their funding. It will send the wrong message to increase funding for offenders whilst cutting funding for victims.
• Enforcement: The report talks about robust community supervision whilst at the same time, recommends raising the threshold for recall to prison. These are conflicting statements, and we need clarity.
• Enhanced supervision on licence: The Victims’ Commissioner will be seeking  further clarity on what “enhanced supervision” will mean in practice and whether the probation service has the capacity to deliver it effectively.
• Exclusion zones: The Victims’ Commissioner supports the proposed review of exclusion zones. She questions whether restrictions should be placed on victims, rather than offenders. Offender restriction zones may offer a fairer and more effective alternative.
• Sentencing remarks: The Victims’ Commissioner considers the proposed sentencing model clearer and more accessible than the current framework. However, she is disappointed that the Review does not recommend extending access to judges’ sentencing remarks to all victims. She has previously called for this right to apply to all victims whose cases result in a Crown Court conviction and will continue to raise this with government.
• Communication with victims: The Victims’ Commissioner supports proposals to improve communication with victims.
• Unpaid work: The Victims’ Commissioner supports the principle that unpaid work by offenders should benefit the community, and that any related wages should be redirected to victim support services. She has emphasised that this must constitute new and additional funding in order to provide meaningful benefit to victims.
• Technology: The Victims’ Commissioner supports the use of technology to reduce administrative burdens on probation staff and enable more time to be spent engaging directly with offenders. She considers this a potentially positive development for rehabilitation and public safety.