This week, the Sentencing Council has released revised guidelines to take effect on 1 April 2025. These guidelines propose a shift towards sentences that focus not only on ensuring that sentences are proportionate to the offence but also on promoting rehabilitation for offenders and reducing re-offending. A greater emphasis is being placed on the role and consideration of Pre-Sentence Reports (PSRs) in determining the appropriate sentence for offenders.
Promoting Rehabilitation Over Imprisonment
Under the new Effectiveness of Sentencing section, the Council advises that Magistrates and Judges must ensure they have fully considered rehabilitative sentences, which includes enforcing a community order in the first instance. This is reflected in the sentencing decision flowchart. In doing so, it is considered that re-offending may be reduced more effectively than when short custodial sentences are imposed.
The Council’s guidelines emphasise also that for particular offenders, such as young adults (18-25), female offenders and those with specific vulnerabilities, the court should prioritise community orders and suspended sentences.
This focus on rehabilitation aligns with efforts to reduce the backlog of Crown Court cases, which has now reached over 73,000. Sir Brian Leveson is spearheading a major review to address and tackle this issue.
Increased Focus on Pre-Sentence Reports (PSR’s)
A PSR is prepared by the probation service and can be a crucial part of the sentencing process in assisting the court when deciding whether to impose a custodial or community order. They can help to give the court an insight as to why the offender committed the offence and provide information about the offender with regards to their family, background and work circumstances.
In the revised guidance, PSRs will play a more pivotal role in ensuring that courts have considered all the necessary information before imposing a sentence. It is advised that PSRs are to be considered in particular for young adults, female offenders, offenders from ethnic, cultural and/or faith minority community.
Official figures highlight that for indictable offences, offenders from ethnic minorities get consistently longer sentences than white offenders. With greater consideration of PSRs, the intention is to ensure sentences are proportionate and fair.
A New Era in Sentencing
Overall, these revisions place greater emphasis on the importance of reducing crime through rehabilitation and enabling offenders to reform over imposing harsh punishments.
At Lawtons, we are committed to securing the best possible outcomes for our clients, as experts who are familiar with these guidelines and a focus on keeping up to speed with these important changes will help us achieve this goal.
If you are facing a criminal offence and require assistance, please contact our specialist team on 0333 577 0522 or visit our enquiries page.
