Reimagining sentencing: the case for expanding deferred sentences
Across England and Wales, our criminal justice system is straining at the seams. Courts are overwhelmed, prison populations are at an all-time high, and probation services are stretched to their limits. In this climate, it’s more important than ever to move away from approaches that blindly punish, and instead move towards the evidenced approaches that work both for individuals and for society. One such approach is deferred sentencing.
Deferred sentencing offers something rare in the justice process: the opportunity for someone to show they can change before a final sentence is handed down. It’s a chance to take meaningful steps towards recovery, stability, and accountability and to have that progress recognised by the courts.
“I like the idea of deferred sentences; you can really show a judge what you have done.” – Lived experience member
This simple idea has powerful implications: that justice should recognise past actions, but also current efforts and future potential.
What is deferred sentencing?
Deferred sentencing allows a judge to delay sentencing, usually for up to six months, while someone works to address the root causes of their offending, such as substance use, mental health issues or unstable housing. If they meet certain agreed conditions during this period, the court may impose a more constructive or less punitive sentence such as a conditional discharge.
The provision has existed since the Criminal Courts Act 1973 but is rarely used. Unlike suspended sentences, deferred sentencing does not require a custodial threshold to be met and gives the person being sentenced more agency in shaping their own outcome. It also actively engages someone in the sentencing process, rather than imposing a punishment without regard for any positive change that may have already taken place between an offence and the (often delayed) point at which sentencing takes place.
Why isn’t deferred sentencing used more?
Despite the potentials it offers, deferred sentencing has been largely overlooked. After first appearing in official statistics in the 1970s, data on its use disappeared after 2009 and it has received little policy attention since. Anecdotal evidence suggests it is discouraged because it slows case resolution, which can conflict with HM Courts and Tribunal Service (HMCTS) timeliness targets.
Many judges are also uncertain about how to assess compliance or what impact it should have on sentencing. Without clear guidance or structure, it’s easier for courts to default to conventional sentencing – even when someone has clearly started to turn their life around.
This is a missed opportunity, especially given the current court backlog. By the time many cases come to sentencing, people have already taken significant steps to change. A short prison sentence at that point is counterproductive, and risks derailing the progress someone has made. With probation services stretched thin, supervision is unlikely to offer anything additional when someone is already receiving support elsewhere.
Deferred sentencing and procedural fairness
At Revolving Doors, we see deferred sentencing as a tool to improve procedural fairness – the principle that people are more likely to comply with decisions when they feel they have been treated fairly. Deferred sentencing fosters transparency, respect, and trust. It lays out clear expectations, gives people time to meet them and recognises their efforts in a meaningful way. Our members consistently say that having their progress acknowledged by a judge is empowering and often marks a turning point in their journey.
A moment for reform
The recent Sentencing Review has reignited interest in deferred sentences, with four key recommendations:
- Extend the deferral period to 12 months, recognising that real change, such as recovery from addiction or securing stable housing, takes time.
- Encourage wider use for low-risk individuals with identifiable needs, particularly as an alternative to short prison terms.
- Issue formal guidance so sentencers are clear about how to use and assess deferred sentencing.
- Collect and publish data to build a stronger evidence base and evaluate impact.
The Review estimates that improved use of deferred sentencing could free up around 1,300 prison places, while supporting individuals to rebuild their lives in the community. Given the overcrowded, overwhelmed state of our prisons and wider justice system, these reforms are as urgent as they are commonsense.
A smarter way forward
Deferred sentencing is smart, constructive justice. It holds people accountable while giving them the space to change. It respects the progress they have made and provides a chance for sentencing to reflect not just the harm done, but the potential for repair.
Deferred sentences offer a practical, humane and effective alternative that could play a vital role in a justice system ready for reform. It’s time to move beyond outdated models that prioritise speed and punishment over fairness and rehabilitation.
