New guidelines on the imposition of community and custodial sentences

1 April 2025 sees the Sentencing Council’s new guidelines concerning the imposition of community and custodial sentences. These guidelines outline a general approach to sentencing and provide guidance on how to address specific issues that can arise during a sentencing hearing. 

Purpose of sentencing

The court, whether that be the Magistrates Court or the Crown Court, must have regard to the five purposes of sentencing as per section 57 of the Sentencing Code when determining a sentence. Those purposes are:

• The punishment of offenders
• The reduction of crime (including its reduction by deterrence)
• The reform and rehabilitation of offenders
• The protection of the public
• The making of reparation by offenders to persons affected by their offences 

These new guidelines place greater emphasis on pre-sentence reports and provide more information on the requirements to be included within Community Orders and Suspended Sentence Orders. Below, we look at the updates primarily in relation to pre-sentence reports.  

Pre-sentence reports (PSRs)

If the court is considering imposing a community or custodial sentence, they must request and consider a pre-sentence report (PSR) from probation before making a determination as to the appropriate sentence unless the court considers that it is unnecessary in the circumstances (section 30 of the Sentencing Code).  

PSRs can either be completed by probation on the day of the court hearing (known as a ‘stand down’ report) or following an adjournment for a formal meeting to be undertaken. If an adjournment is requested and granted, probation will arrange a meeting with the offender either in person or over the phone to discuss the offence and details of the offender’s life to ascertain whether, if any, intervention by probation would assist in the rehabilitation of the offender. 

The updated guidelines place a considerable amount of emphasis on the circumstances in which a PSR may be required. A PSR is a report prepared by the Probation Service to assist the court in dealing with their sentencing exercise. It can help the court decide whether a community order or custodial sentence is more appropriate, and where a community-based order (Community Order or Suspended Sentence Order) is recommended, the particular requirements that would be most suitable for the individual to address their offending behaviour. The courts are under no obligation to follow the recommendations within the PSR. However, they do often have an impact on the sentence received.

When is a PSR necessary?

The new guidelines state that a PSR will usually be considered necessary if one (or more) of the following apply:

• They are at risk of their first custodial sentence
• They are a young adult; they are female
• They are from an ethnic, cultural and/or faith minority
• They are pregnant; they are a primary carer for dependent relatives 

In addition, a PSR is likely to be ordered if the court believes that one of the following applies to the offender:

• They have disclosed they are transgender
• They have or may have addiction issues
• They have a qualifying medical condition
• The court considers they are, or have been, a victim of abuse, slavery or trafficking, coercion, grooming, intimidation, or exploitation 

This list is not exhaustive, and a PSR can still be necessary without falling into one of the categories detailed above. 

How we can help

If you are facing a court hearing, either in the Magistrates Court or the Crown Court, it is essential to obtain legal advice at the earliest opportunity.  The earlier you obtain legal advice, the more time you have to work with your solicitor to prepare your case for court.