In conjunction with the Centre for Justice Reform at City University, the Sentencing Academy has just published a new report. The report was authored by Dorothy Moorley, Gemma Birkett and Julian Roberts and examines key issues and priorities with regard to the use of deferred sentences.
Read the full report here: The Future of Deferred Sentencing
Key findings:
- Two previous reports published by the Sentencing Academy in 2022 explored the origins and current use of deferred sentencing in England and Wales. This updated report, in association with the Centre for Justice Reform, comes at a time of renewed interest in alternative sentencing options to short immediate prison sentences.
- Research suggests that short custodial sentences are ineffective at reducing re-offending; that they disrupt housing, work and family networks; and that they are much more costly than noncustodial sanctions. In the 2020 White Paper, ‘A Smarter Approach to Sentencing’, the Government indicated an approval of deferred sentences, particularly for women. The Government’s Female Offender Strategy (2018) and the Delivery Plan (2023) argued that fewer women should be sentenced to custody, especially on short-term sentences. The Independent Sentencing Review (2025) endorsed increasing the use of deferred sentencing and recommended extending the limit of the period for which a sentence may be deferred from six to 12 months. It remains to be seen whether this recommendation will be part of the sentencing legislation which the Government has indicated it will introduce in September 2025. Deferred sentences offer an opportunity to meet these important policy priorities, particularly with respect to female offenders.
- Short prison sentences have been further called into question as a result of the straining capacity of prisons. The Court of Appeal in R v Ali [2023] therefore made clear that the prison population and prison conditions are exceptional factors which can properly be taken into account by sentencing courts. For those borderline cases on the cusp of immediate custody, sentences should be suspended on account of the high prison population.
- The deferred sentencing provision was introduced in 1973 in England and Wales. Under this provision, sentences may be deferred for up to six months. Deferment of sentence enables the court, when dealing with an offender, to have regard to the offender’s conduct after conviction and to any change in the offender’s circumstances. However, deferred sentences continue to be under-researched. This report explores the examples set in other jurisdictions of deferred sentences, and in particular the problem-solving approaches often accompanying them. Across jurisdictions, deferred sentencing is used as a method of encouraging and assessing compliance with stipulated actions, such as with rehabilitation programmes or treatment plans. Many of these examples illustrate the benefits of focusing on certain categories of offences or offenders, such as women. Female offenders are a distinct category of offenders with often complex needs, and deferred sentences can provide another opportunity to divert offenders from immediate custody.
- This report concludes by calling for more comprehensive guidance surrounding deferred sentencing and noting key issues and priorities, including the use of deferred sentences for women.
