The Sentencing Council has published a revised version of the Imposition of community and custodial sentences guideline.
The Imposition guideline sets out the guidance that magistrates and judges must follow when imposing community orders and custodial sentences, including deciding whether a custodial sentence can be suspended. It has been developed through public consultation and was to have come into effect on 1 April 2025.
Any future implementation has now been deferred, pending proposed government legislation.
The Police and Crime Commissioner for the West Midlands and Chair of the Local Criminal Justice Board, Simon Foster, said:
“Access to justice, equality before the law and the rule of law are absolute, unconditional and non-negotiable.
“The aim of the revised guideline is to make sure the courts have the most comprehensive information available about the circumstances of the offender and the offence, and the range of possible sentencing options, so that they can impose a tailored sentence, that is the most suitable and appropriate for the offender and offence before them.
“I am concerned at the disinformation and misinformation, that has been communicated on the subject of the Sentencing Council Imposition of community and custodial sentences guideline (‘SCG’).
“It has been asserted, that the SCG will require that some people are less likely to receive a custodial sentence or are to be treated more leniently, as a consequence of their particular characteristics.
“The SCG does nothing of the sort. There is no basis in law for that assertion, based on the SCG.
“When considering a community or custodial sentence, the court must request and consider a pre-sentence report (‘PSR’) before forming an opinion of the sentence, unless it considers that it is unnecessary. That requirement applies, irrespective of the particular characteristics of the offender.
“A PSR will provide information to the judge or magistrate. It will not determine the sentence. It will ensure the judge or magistrate is better informed about the offender, the offence and the range of sentencing options.
“The determination, as to whether or not it is appropriate to request and consider a PSR is entirely separate and apart from the determination, as to whether or not someone is or is not then sentenced to a community or custodial sentence.
“Although there are variations across age groups and offence types, there is evidence that Black and minority ethnic defendants in England and Wales are more likely than white defendants to receive an immediate custodial sentence, rather than a community sentence, for the same seriousness of offence and have a consistently higher average custodial sentence length for equivalent offences. These disparities have been acknowledged in government reviews, academic research, and statistical analyses.
“I repeat, it is essential that the principles of access to justice, equality before the law and the rule of law, are applied and upheld at all times and each case is determined on the circumstances, facts and merits of each individual case.”
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