Amendments to be made to sentencing guidelines as a result of the incoming Sentencing Guidelines (Pre-Sentence Reports) Act 2025

When considering a community or custodial sentence, the court must request and consider a pre-sentence report (PSR) before forming an opinion of the sentence, unless it considers that it is unnecessary (section 30 of the Sentencing Code). A pre-sentence report may also be requested by a defence legal representative as part of the before-plea protocol.

A pre-sentence report can be pivotal in helping the court decide whether to impose a custodial or community order and, where relevant, what particular requirements or combination of requirements are most suitable for an individual offender on either a community order or a suspended custodial sentence.

• PSRs are necessary in all cases that would benefit from an assessment of one or more of the following: the offender’s dangerousness and risk of harm, the nature and causes of the offender’s behaviour, the offender’s personal circumstances and any factors that may be helpful to the court in considering the offender’s suitability for different sentences or requirements.
• A pre-sentence report may be unnecessary if the court considers that it has enough information about the offence and the offender.

A pre-sentence report will normally be considered necessary if the offender belongs to one (or more) of the following cohorts:

• at risk of first custodial sentence and/or at risk of a custodial sentence of 2 years or less (after taking into account any reduction for guilty plea)
• a young adult (typically 18-25 years; see further information below at section 3)
• female (see further information below at section 3)
• from an ethnic minority, cultural minority, and/or faith minority community
• pregnant or post-natal
• sole or primary carer for dependent relatives

Or if the court considers that one or more of the following may apply to the offender:

• has disclosed they are transgender
• has or may have any addiction issues
• has or may have a serious chronic medical condition or physical disability, or mental ill health, learning disabilities (including developmental disorders and neurodiverse conditions) or brain injury/damage
• or; the court considers that the offender is, or there is a risk that they may have been, a victim of:
  • domestic abuse, physical or sexual abuse, violent or threatening behaviour, coercive or controlling behaviour, economic, psychological, emotional or any other abuse
  • modern slavery or trafficking, or
  • coercion, grooming, intimidation or exploitation.

This is a non-exhaustive list and a PSR can still be necessary if the individual does not fall into one of these cohorts. A report may also be necessary for a variety of requirements (see section on Requirements (section 7) below.)

Courts should refer to the Equal Treatment Bench Book for more guidance on how to ensure fair treatment and avoid disparity of outcomes for different groups.

Magistrates: Consult your legal adviser before deciding to sentence to a community order or custodial sentence without a pre-sentence report.

When considering a custodial or community sentence for a young adult (typically 18-25 years), the court should normally ask the Probation Service for a pre-sentence report.

Courts should be aware that age and/or lack of maturity can affect the offender’s responsibility for the offence and the effect of the sentence on the offender.

Further information on age and/or lack of maturity can also be taken into account by courts when sentencing a young adult (typically 18-25).

When sentencing a young adult offender, courts should consider that the available evidence suggests:

• There is a risk of young adults being perceived as more mature than they actually are. This can lead to their age and any related needs or disadvantage not being taken into proper consideration during the sentencing process. Research shows that young adults from an ethnic minority background are at particular risk of this.
• Young adulthood is generally a formative period of social transition and custodial sentences in particular could interfere with their education and consequent life prospects. Education, work or training may be critical to a young adult’s career development which is a key factor in the prevention of reoffending. Courts should place particular emphasis on rehabilitation as a purpose of sentencing for young adults.
• Young adults may seem less remorseful than they are and may mask or be unable to fully express their emotions because they are still maturing and developing emotional awareness skills. This is particularly relevant given the prevalence of neuro-disability among young adults in the criminal justice system compared to the general population.
• Young adults in the criminal justice system have disproportionately disadvantaged backgrounds compared to their peers in the general population. This may include adverse childhood experiences and experiences of the care system, disrupted accommodation or education, exposure to abuse, neglect, trauma and loss. Some young adult offenders have multiple disadvantages or needs which can increase the complexity of their circumstances that will need to be taken into consideration during sentencing.
• There are high levels of mental disorders, developmental disorders, and neurological impairments among young adults in the criminal justice system compared to their peers in the general population. This means that they may struggle more with behaviour typically linked to offending and this can increase their vulnerability to bullying, peer pressure, coercion or manipulation.
• The disadvantages young adult offenders face in the criminal justice system may be compounded for young adult offenders from an ethnic minority background. For some offences, there is evidence of a disparity in sentence outcomes for offenders from some ethnic minority backgrounds. See chapter 8 of the Equal Treatment Bench Book for further information.

When considering a custodial or community sentence for a female offender, the court should normally ask the Probation Service for a pre-sentence report. It is important for the court to ensure that it has sufficient information about a female offender’s background.

Courts should be aware that female offenders commonly offend for different reasons than male offenders and the impact of custodial sentences on female offenders will often be different. When sentencing a female offender, courts should consider that the available evidence suggests:

• Female offending is commonly linked to mental ill health (including trauma), substance-misuse, being a victim of domestic abuse, or financial and homelessness issues. Female offenders are more likely than male offenders to have been in statutory care or to have experienced emotional, physical or sexual abuse. Female offenders sentenced to custody are more likely than male offenders to suffer from anxiety or depression, self-harm or attempt suicide. Some female offenders have multiple disadvantages or needs which can increase the complexity of their circumstances that will need to be taken into consideration during sentencing.
• There are only a small number of prisons for female offenders. Therefore, female offenders are more likely than male offenders to be imprisoned some distance from support networks of friends and family. This will impact on their resettlement when they leave custody.
• Female offenders are at greater risk than male offenders of leaving custody without accommodation and being unemployed after release, leaving them vulnerable to further abuse and exploitation. A greater proportion of female offenders are unemployed when released than male offenders.
• The disadvantages female offenders face in the criminal justice system may be compounded for female offenders from an ethnic minority background. Some female offenders from ethnic minority backgrounds have distinct needs and experiences from both men from an ethnic minority background and white women. The legal process can be particularly confusing especially if English is not a first language; differences in cultural or religious beliefs may result in additional stigma and strain on family relationships from offending and the impact of custodial sentences can be particularly acute, especially in relation to the care of children and elderly relatives. See chapter 8 paragraphs 156-157 (page 171) of the Equal Treatment Bench Book, particularly for further information. For some offences, there is some evidence of disparity in sentence outcomes for offenders from some ethnic minority backgrounds.

The court should normally adjourn the case for a pre-sentence report obtain detailed information before sentencing a mother with dependent children or a pregnant or post-natal offender or to ensure that a sentence is compatible with their support needs and childcare responsibilities, and so they can access routine healthcare and maternity appointments.

Appears in approx. 20 guidelines.

• Where this applies it will reduce the culpability of the offender.
• This factor may be of particular relevance where the offender has been the victim of domestic abuse, trafficking or modern slavery, but may also apply in other contexts.
• Courts should be alert to factors that suggest that an offender may have been the subject of coercion, intimidation or exploitation which the offender may find difficult to articulate, and where appropriate ask for this to be addressed in a PSR.
• This factor may indicate that the offender is vulnerable and would find it more difficult to cope with custody or to complete a community order.

Appears in approx. 20 guidelines.

Appears in approx. 148 guidelines

Lack of remorse should never be treated as an aggravating factor.

Remorse can present itself in many different ways. A simple assertion of the fact may be insufficient.

The court should be aware that the offender’s demeanour in court or the way they articulate their feelings of remorse may be affected by, for example:

• nervousness
• a lack of understanding of the system
• mental disorder
• learning disabilities
• communication difficulties (including where English is not their first language)
• a belief that they have been or will be discriminated against
• peer pressure to behave in a certain way because of others present
• age and/or a lack of maturity etc.

If a PSR has been prepared it may provide valuable assistance in this regard.

Appears in approx. 73 guidelines.

Similarly, a commitment to address other underlying issues that may influence the offender’s behaviour (including where the offender has actively sought support but, for reasons outside their control, it has not been received) may justify the imposition of a sentence that focusses on rehabilitation.

The court will be assisted by a PSR in making this assessment.

Appears in approx. 136 guidelines.

For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing.

Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended.

For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight.

­When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements.

The court should ensure that it has all relevant information about dependent children before deciding on sentence.

When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done.

When considering a community or custodial sentence for an offender who has, or may have, caring responsibilities the court should ask the Probation Service to address these issues in a PSR.

Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 119 to 125)

Appears in approx. 133 guidelines.

When sentencing a pregnant or postnatal woman, relevant considerations may include:

• the medical needs of the offender including her mental health needs
• any effect of the sentence on the physical and mental health of the offender
• any effect of the sentence on the child

The impact of custody on an offender who is pregnant or postnatal can be harmful for both the offender and the child including by separation, especially in the first two years of life.

Access to a place in a prison Mother & Baby Unit is not automatic and when available, the court may wish to enquire for how long the place will be available.

Women in custody are likely to have complex health needs which may increase the risks associated with pregnancy for both the offender and the child. The NHS classifies all pregnancies in prison as high risk.

There may be difficulties accessing medical assistance or specialist maternity services in custody.

This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. See also the Imposition of community and custodial sentences guideline.

For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing.

Where immediate custody is unavoidable, all of the factors above may be relevant to the length of the sentence.

The court should address the issues above when giving reasons for the sentence.

Appears in approx. 169 guidelines.

Age and/or lack of maturity can affect:

• the offender’s responsibility for the offence and
• the effect of the sentence on the offender.

Either or both of these considerations may justify a reduction in the sentence.

The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater).

In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to:

• evaluate the consequences of their actions
• limit impulsivity
• limit risk taking

Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers.

Immaturity can also result from atypical brain development. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development.

An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody.

An immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support.

There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct.

Many young people who offend either stop committing crime, or begin a process of stopping, in their late teens and early twenties.  Therefore a young adult’s previous convictions may not be indicative of a tendency for further offending.

Where the offender is care experienced or a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. (Young adult care leavers are entitled to time limited support. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). See also the Sentencing Children and Young People Guideline (paragraphs 1.16 and 1.17).

Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. See also the Sentencing Children and Young People Guideline (paragraphs 6.1 to 6.3).

When considering a custodial or community sentence for a young adult the Probation Service should address these issues in a PSR.

Appears in approx. 170 guidelines.

• the offender’s responsibility for the offence and/or
• the effect of the sentence on the offender.

Courts should consider that different groups within the criminal justice system have faced multiple disadvantages which may have a bearing on their offending. Such disadvantages include but are not limited to:

• experience of discrimination
• negative experiences of authority
• early experience of loss, neglect or abuse
• early experience of offending by family members
• being care experienced or a care leaver
• negative influences from peers
• difficulties relating to the misuse of drugs and/or alcohol (but note: being voluntarily intoxicated at the time of the offence is an aggravating factor)
• low educational attainment
• insecure housing
• mental health difficulties
• poverty
• direct or indirect victim of domestic abuse

There are a wide range of personal experiences or circumstances that may be relevant to offending behaviour. The Equal Treatment Bench Book contains useful information on social exclusion and poverty (see in particular Chapter 11, paragraphs 58 to 71). The Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline may also be of relevance.

Appears in approx. 162 guidelines.

Where an offender is in, or has a realistic prospect of starting, work, education or training this may indicate a willingness to rehabilitate and desist from future offending.

Similarly, the loss of employment, education or training opportunities may have a negative impact on the likelihood of an offender being rehabilitated or desisting from future offending.

The court may be assisted by a pre-sentence report in assessing the relevance of this factor to the individual offender.

The absence of work, training or education should never be treated as an aggravating factor.

The court may ask for evidence of employment, training etc or the prospects of such, but should bear in mind any reasonable practical difficulties an offender may have in providing this.

For more serious offences where a substantial period of custody is appropriate, this factor will carry less (if any) weight.

• The risk that the offender may commit a slavery or human trafficking offence must be real, not remote, and must be sufficient to justify the making of such an order. In considering whether such a risk is present in a particular case, the court is entitled to have regard to all the information before it, including the contents of a pre-sentence report, or information in relation to any previous convictions, or in relation to any previous failure to comply with court orders.

1. Drug and alcohol treatment orders. Where the offender is dependent on or has a propensity to misuse drugs or alcohol and there is sufficient prospect of success, a community order with a DRR or an ATR may be a proper alternative to a short or moderate custodial sentence. Courts should be mindful that where an offender has failed to comply with a DRR or ATR in the past, that does not necessarily mean that they will fail now. Courts will need a thorough assessment about the offender’s current motivation and ability to tackle their addiction in a pre-sentence report or addendum report provided by the alcohol or drug treatment order provider.