Sentencing Trends in England and Wales (2002-2022)

By Jose Pina-Sánchez, Lilly Crellin, Jonathan Bild, Julian Roberts and Mike Hough

This data bulletin explores sentencing trends in England and Wales from 2002 to 2022 and addresses this key question: How has the severity of sentencing changed over the past 20 years? It is the first of a series from the Sentencing Academy. There are three categories of offence in England and Wales. More serious crimes are indictable only, which can be dealt with only by the Crown Court. Other offences are either ‘triable either way’, resolved either by the Crown Court or by magistrates’ courts, or summary, heard only in magistrates’ courts. Indictable only offences account for a small minority (about 1% in 2022) of all cases sentenced. Triable either way and summary only represent the remaining 16% and 83% respectively. 1 Analyses are presented here for all offences and then separately for summary offences, as well as for indictable and triable either way offences combined. 2 We first document changes in the use of all sanctions over the period 2002-2022. Then we focus on the principal disposals, and in particular on sentences of imprisonment. Despite fairly stable police-recorded crime rates over this period, 3 the prison population in England and Wales has increased by almost 20% since 2002. Several explanations may account for this increase, including: more serious crimes being sentenced; an increase in the volume of repeat offenders; and more offenders being recalled to prison for breaching their licence conditions. This bulletin explores one potential explanation, namely that sentencing has become harsher over the period. An increase in sentence severity may arise from a higher imprisonment rate, a decline in the use of less severe punishments such as the community order, or a combination of both trends. In addition, there may have been an increase in the length of prison sentences imposed. Any such changes would increase the prison population.

London: The Sentencing Academy, 2023. 6p.