New law to ensure fairness for all in court

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, Shabana Mahmood 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.