The Sentencing Guidelines (Pre-Sentence Reports) Bill would prevent sentencing guidelines about pre-sentence reports (“PSRs”) from including any “provision framed by reference to different personal characteristics of an offender”. It defines “personal characteristics” to include “in particular” race, religion or belief, or cultural background, however this is not an exhaustive list.
The Bill’s stated purpose is to prevent differential treatment and maintain equality before the law. However, JUSTICE is concerned it would prevent the Sentencing Council issuing guidance which assists courts in ensuring that PSRs are obtained in all cases in which they are relevant and necessary, as required by the Sentencing Act. As a result, the Bill risks undermining its own stated aims.
It is vital that sentencers are provided with as much information relevant to sentence as possible, so that the most fair and appropriate sentence can be determined. A PSR is a crucial tool in achieving this and should be ordered in all cases where they may be of value to the court.
A whole range of ‘personal characteristics’ of defendants make a PSR more likely to be necessary – including, but by no means limited to, race, region and cultural background. Sentencing Council guidance ought to reflect this position.
Our briefing highlights the following areas:
- Race, religion and cultural background
The deeply concerning and entrenched racial disproportionality in sentencing outcomes must be urgently addressed. As noted by the Lammy review, PSRs can help judges to understand those who backgrounds are unfamiliar to them. Sentencing guidelines which refer to factors including race represent and important and necessary step towards addressing the differential treatment which persists within sentencing.
- Pregnancy
The importance of ensuring PSRs are obtained when sentencing those who are pregnant or who are primary caregivers cannot be overstated. The risks that custody poses both to pregnant individuals and babies can be severe and even life-threatening. It is essential courts are provided with as much information about the individual to be sentenced so that community-based sentences can be imposed in all appropriate cases and any conditions attached to the sentence are suitable and practicable.
- Age
It is now well-established that particular considerations relating to maturity apply in the sentencing of young adults (aged 18 – 25), which may necessitate a PSR.
Sentencing Guidelines (Pre-Sentence Reports) Bill – House of Commons Second Reading (April 2025)
Read our briefing here.