ASB Awareness Week 2025: How Sentencing Reform Impacts Anti-Social Behaviour and Housing Responses

Foreword by Kirsty Varley, Partner – Housing & Regeneration (Litigation)

There have long been issues with delays in our justice system, and these were compounded by the effects of covid and the national lockdowns. While some courts were operating, even with the nightingale courts, the system that was already under great pressure was, it seems, stretched beyond its limits. This has caused a lot of uncertainty and distress, both for victims and those accused of criminal offences alike. In terms of the work that we do in the Housing Litigation team at Forbes, we have seen cases of ours that were reliant upon criminal convictions delayed for significant periods of time. This has left those who were waiting on the outcome of their criminal matters in limbo about what this may mean for their tenancies and relationships with their landlords and neighbours going forward and has left complainants seeing delay after delay and court dates being adjourned. It is in everyone’s interests that the delays in the justice system are reduced, to ensure that those accused of crimes have some finality to proceedings and that they are dealt with in a timely manner, and for witnesses, to ensure that they do not lose faith and remain engaged in the legal process.

Sentencing Reform and the Justice System – by Craig MacKenzie, Head of High Profile & Private Crime Division

The UK criminal justice system stands at a pivotal crossroads. Not a slow bend or a quiet fork, but a collision of crises: a swelling prison population, a paralysed court system, and rising public disquiet over how we manage those who offend and those who suffer. Into this maelstrom sails the Independent Sentencing Review 2024–2025, bearing radical prescriptions and cautiously optimistic ambitions. But can this flagship initiative deliver, or is it already listing under the weight of reality?

The Reform Blueprint

The Review, championed by former Justice Secretary David Gauke, sets out a vision that upends decades of punitive orthodoxy. Its headline act? The proposed abolition of most custodial sentences under 12 months, replaced by community-based orders and electronic monitoring. This, we are told, is a long-overdue correction to the 'penal populism' of the 1990s and early 2000s, when politicians chased headlines, not outcomes, and short sentences ballooned the prison population without cutting reoffending.

There’s logic here. Evidence shows short prison terms often do more harm than good. They disrupt lives without rehabilitating offenders, create instability in housing and employment, and far from reducing harm, can entrench criminal behaviour.

Add to that a more prominent role for rehabilitation and a new ‘earned progression’ model in prisons, allowing well-behaved inmates to access education and earn earlier release. The message is clear: it’s time to reward reform, not just punish failure.

Public Safety and the Politics of Fear

Yet for every cheer in the reform camp, there's a furrowed brow across the aisle. Metropolitan Police Commissioner Sir Mark Rowley warns of the risks in early release schemes. Public confidence, he argues, hinges on predictability and clarity in sentencing. If victims see offenders released prematurely or bypass prison altogether, the system risks appearing toothless, even unjust.

This tension is mirrored in the debate over 'Respect Orders', proposed to replace traditional ASB injunctions. These new civil powers aim to provide housing providers and local authorities with sharper tools for dealing with persistent anti-social behaviour. But can these tools carry the weight of public expectation once the spectre of jail recedes?

The Elephant in the Courtroom

No discussion of reform can ignore the rusting gears of the courts. The Crown Court backlog, now teetering above 73,000 cases, represents not just bureaucratic inertia but broken lives on hold. Cases are delayed by years. Trials crumble as witnesses forget or give up. Justice, in this state, is neither swift nor sure.

The government says community sentencing can relieve the pressure. But here, too, lurk concerns. Chief Inspector of Probation Martin Jones notes that probation services are already under-resourced and overstretched. Without significant investment, they risk becoming the latest sticking plaster in a system running out of skin.

Inside Our Overcrowded Prisons

Meanwhile, prisons are bursting. Emergency measures have seen some inmates released after serving just 40% of their sentences. The logic is grim: there’s simply no space. Overcrowding is not only a logistical problem; it is a moral one. When prisons can no longer offer safety, structure, or rehabilitation, they stop being institutions of justice and become warehouses of despair.

Gauke’s Review recognises this. But whether the proposals can be implemented without robust political and financial support remains uncertain. Critics rightly ask: is this a reform born of principle, or of panic?

A Broader Lens: ASB and Community Impact

One area where the reform agenda has sparked useful dialogue is in anti-social behaviour. Persistent offenders, those who disrupt lives but fall below the threshold for serious crime, are exactly the kind who may now avoid prison under the new proposals. This puts greater pressure on housing, community safety, and early intervention.

Partnerships are essential. The upcoming #ASB11 conference in Birmingham, themed around collaboration, seems well-timed. Practitioners across crime, housing, and local government will need to align like never before if these reforms are to gain traction on the ground.

Conclusion: A Justice System at the Crossroads

Reform is necessary. Few would defend the status quo of creaking courts, chaotic prisons, and revolving-door justice. But the path forward demands more than good intentions. It demands investment, transparency, and public trust.

The Independent Sentencing Review 2024–2025 is bold and perhaps overdue. Yet without a steady hand on the tiller and the political courage to see reform through, it may join a long line of initiatives that promised much but delivered little.

This isn’t just about sentencing. It’s about whether we still believe the justice system can change lives, or whether we’ve consigned it to managing decline.

How Forbes Solicitors Can Help

Sentencing reform, anti-social behaviour enforcement and delays in the justice system are converging to create new legal pressures for both public bodies and individuals. Whether you're a housing provider managing ASB cases, a local authority dealing with community protection, or a private client facing criminal proceedings impacted by the court backlog, strategic legal guidance is essential.

At Forbes Solicitors, we bring together cross-sector legal expertise to help you respond effectively.

Kirsty Varley, Solicitor in our Housing and Regeneration (Litigation) team, specialises in supporting local authorities and housing providers in the management of anti-social behaviour, tenancy enforcement, and complex community issues. She provides practical, solution-focused advice grounded in public sector realities.

Craig MacKenzie, Partner and Head of our High-Profile & Private Crime Division, leads on complex criminal matters including sentencing advice, defence strategy and cases involving delayed or high-impact prosecutions. He advises individuals, professionals, and public figures navigating serious criminal allegations in a shifting justice landscape.

If you're dealing with the impact of court delays, ASB reform, or sentencing changes, or if you need expert representation or strategic input, contact -

Kirsty Varley at [email protected] or call 0161 351 5853

Craig MacKenzie at [email protected] or call 01772 220 022

We work with urgency, clarity and a collaborative approach to protect our clients and communities.