Sentencing guidelines which risked differential treatment for
different races and religions, in terms of access to pre-sentence
reports, will be blocked under new legislation which has become
law today (Thursday 19 June).
Pre-sentence reports can play a valuable role in supporting
judges when making decisions on sentencing. The reports provide
an assessment of the nature and causes of an offender's
behaviour, the risk they pose, as well as an independent
recommendation of the sentencing options available to the court.
However, the changes proposed by the Sentencing Council earlier
this year risked a two-tier justice system with offenders treated
differently based on their religion or the colour of their skin.
The new law prevents sentencing guidelines from singling out
specific cohorts for differential treatment based on their
personal characteristics, when it comes to ordering pre-sentence
reports - maintaining fairness and equality under the law.
This Act will not restrict courts from requesting pre-sentence
reports on a case-by-case basis, such as for pregnant women or
those involving young people, or domestic abuse.
The Lord Chancellor, said:
“Equality before the law is the backbone of public confidence in
our justice system and today's change to the law ensure fairness
for all in our courts.
“I am grateful to the Council and its officials for their
constructive work on this, I will continue to ensure no one is
treated differently just because of their skin colour or religion
under the law.”
ENDS
Notes to Editors
- The Government supports the use of PSRs but the guidance
included in the Sentencing Council's revised Imposition of
community and custodial sentences guideline – specifically
stating a PSR would normally be considered necessary for
offenders based on their personal characteristics, such as
religion or ethnicity – risked differential treatment before the
law.
- The measures will apply to England and Wales.
- This Act follows formal objections raised by the Lord
Chancellor to the Sentencing Council regarding sections of the
revised Imposition guideline, which was published on 5 March 2025
and originally due to come into effect on 1 April 2025.
- Courts are under a statutory obligation to request PSRs in
all cases (under section 30 of the Sentencing Code), unless they
consider it unnecessary in the circumstances of the case. This
Act does not impact this statutory obligation.
- The Act also does not prevent the Sentencing Council from
advising, in general terms, that PSRs are sought in cases where
the court would benefit from an assessment of an offender's
personal circumstances.
- The Act also does not affect Court of Appeal case law about
the types of cases where PSRs are necessary or desirable,
including the recent case of Thompson in which the Court
of Appeal said it would be desirable to obtain a PSR in cases of
pregnant or post-natal women.