Major Updates to Sentencing Guidelines

Posted: 17 March 2025

What You Need to Know

The criminal justice system can be a complex one to navigate, with many different potential outcomes at varying stages. Investigations by the police or other public bodies sometimes conclude without charges being brought against a suspect. In addition, sometimes they result in the suspect becoming a defendant and having to go to Court. When this happens, Court proceedings will take place that will ultimately result in one of two outcomes: conviction or acquittal. In the event of a conviction, the natural step afterwards is sentencing. Sentencing guidelines are created and updated to try and ensure the appropriate punishment is imposed. The guidelines for the imposition of community and custodial sentences have recently been revised and will be in effect from 1^st April 2025.

Five Purposes of Sentencing

The guidelines make clear that the sentencer should have them in mind throughout the sentencing process. Furthermore, the Court must have regard to the five purposes of sentencing. These are the punishment of offenders, the reduction of crime, the reform and rehabilitation of offenders, the protection of the public. As well the making of reparation by offender(s) to persons affected by their offending.

What is a Pre-Sentence Report?

The updated sentencing guidelines place a heavy emphasis on the circumstances in which a Pre-Sentence Report (PSR) may be required. A PSR is a report that is compiled by the Probation Service to assist the one(s) passing a sentence on deciding what punishment would be most appropriate. There is no obligation to sentence in line with the PSR’s recommendations, but they do frequently hold large sway. According to these new guidelines, the sentencer(s) will typically order a PSR. Assuming any of the following apply to the offender:

• 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 dependant relatives.

Furthermore, one is likely to be ordered if the Court believe that one of the following apply to the offender:

• They have disclosed they are transgender.
• They have/had addiction issues.
• They have a qualifying medical condition.

The Court consider 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 the individual falling into one of these cohorts.

How to secure the right advice

If you find yourself convicted of a criminal offence and facing sentencing, it is important that you are properly represented. THB Solicitors are versed in sentencing guidelines and Pre-Sentence Reports. They will advocate for you to secure you the best possible outcome. For a no obligation chat and expert legal advice contact our Criminal Defence Law Team at our Chelmsford Office on 01245 493959, Braintree Office on 01376 559690 or Ipswich 01473 226577