The Magistrates’ Association – the membership body for magistrates in England and Wales – said today that the current provision of community sentences is not fit for purpose, and without investment and reform, will derail the government’s planned criminal justice reforms.
Community sentences are one of the most impactful tools available to magistrates, but their effectiveness is hampered by weak delivery, long delays, and poor feedback to magistrates, as well as a lack of trained Probation staff to monitor and manage those serving such sentences.
Worse, big regional variations in the availability and quality of programmes, unpaid work schemes and rehabilitative services – especially in rural areas – means that for some, a fine that they cannot afford to pay, or even a short-term prison sentence, is the only option, because a non-custodial alternative isn’t available.
Community sentences – where a court orders an offender to serve their sentence in the community and not in prison – are central to a fair and effective justice system. They are designed for the offender to make amends, such as through unpaid work or a curfew; or for rehabilitation through a treatment order. When they are delivered well, they enable punishment, public protection and rehabilitation, all without the harms associated with short prison sentences.
The Association has outlined the failings of community sentences in a hard-hitting position statement which it published today. As well as laying bare the current failings, the position statement makes 14 recommendations for reform, that, if implemented, will help to restore confidence in community sentencing.
Commenting on the position statement, David Ford – National Chair of the Magistrates Association – said:
“The government’s planned reform programme for criminal justice relies on community sentences. In the 12 months to June 2025, 76,264 offenders were sentenced to community sentence orders, and, when they are delivered well, they reduce reoffending and strengthen confidence in justice. By removing the necessity for prison sentences for many lower-level offences, they could contribute to alleviating the chronic shortage of prison places, by keeping people out of custody.
“However, our members have told us that their availability, quality and use is patchy, with some areas of the country having strong and reliable community sentencing options, while in other areas they are unavailable or of poor quality. Members also tell us that the lack of trained Probation staff – needed to manage and monitor people on community sentences – means that offenders sometimes wait for months for their unpaid work or treatment requirements to start.
“As a result, the use of community sentences has halved since 2012, when 149,691 were handed down, so we are missing out on their massive potential benefits. And fewer community options means fewer choices for magistrates, leading to courts imposing fines when community options aren’t available – fines which in some cases are uncollectable because the offender has no income, creating debt without rehabilitation. And, in rare cases, the lack of a community option can lead to sentencers having no other option but to send someone to prison – at huge cost to the taxpayer, and adding to the prison places crisis – because there is no non-custodial alternative.
“Our proposals, if implemented, will make community sentences work far better for communities, support offenders who want to change their lives for the better, and help restore public confidence. Reform won’t be cheap, and it won’t be complete by Christmas, but if the government wants its ambitious justice reform programme to succeed, it must invest more time, money and resources into transforming community sentencing for the better.”
The Magistrates’ Association’s 14 recommendations include:
- Fully fund and rebuild probation capacity, so that community orders start promptly and are delivered and monitored effectively.
- Start all community orders promptly, within days not months, to maintain deterrence and public confidence.
- Ensure community sentences are based in the community and include punitive elements – such as unpaid work – alongside rehabilitative support.
- Guarantee consistent national provision, so all courts can access accredited programmes, unpaid work placements and rehabilitative interventions.
- Introduce a single digital system giving magistrates real‑time visibility of order progress, breaches and completions; with quarterly performance reporting from HMPPS and probation regions.
- Restore effective use of curfews and electronic monitoring by removing procedural barriers.
- Increase efficiency through digital tools, including remote probation appointments, digital pre-sentence reports, greater use of secure video links, and automated reminders via text or email to reduce missed appointments and breaches
- Ensure rapid evaluation of all new sentencing pilots (e.g. driving bans, attendance restrictions) with clear findings for magistrates.
- Clarify judicial discretion around short custodial sentences to ensure the presumption against them is meaningful.
The Magistrates’ Association’s full position statement is here
