The independent Sentencing Council has today published a significantly revised version of the Imposition of community and custodial sentences guideline.

The guideline sets out the principles that magistrates and judges must follow when imposing community orders and custodial sentences, including deciding whether a custodial sentence can be suspended. It has been developed through public consultation and comes into effect on 1 April 2025.

The aim of the revised guideline is to make sure the courts have the most comprehensive information available about the circumstances of the offender and the offence, and the range of possible sentencing options, so that they can impose a tailored sentence that is the most suitable and appropriate for the offender and offence before them.

The revised guideline places greater emphasis than before on the critical role of pre-sentence reports (PSRs) in sentencing decisions and provides more detailed guidance on the circumstances in which courts should request PSRs. These reports are compiled by the Probation Service to provide essential information about the circumstances of the offence and the offender that enables the courts to more precisely tailor sentencing decisions.

Community orders and suspended sentence orders frequently have requirements attached that oblige the offender to meet specific conditions. Requirements can fulfil all the purposes of sentencing, including punishment and rehabilitation. The revised Imposition guideline provides more information than before on the function and scope of each requirement, enabling sentencers to attach those that are the most suitable and appropriate for the individual offender.

The Council has introduced an entirely new section to the Imposition guideline that considers effectiveness of sentencing. Reflecting evidence and research, the guideline advises sentencers that the effectiveness of a sentence depends on the circumstances of the individual and, in particular, that rehabilitative sentences can more effectively reduce reoffending than short, immediate custodial sentences. The section includes new evidence the courts should consider when sentencing young adults (typically 18 to 25), female offenders, mothers with dependent children, and pregnant and post-natal offenders.

Lord Justice William Davis, Chairman of the Sentencing Council, said:

“The Imposition guideline is one of the most important of all the Sentencing Council’s guidelines. It is fundamental to judicial decision-making.

“A sentence properly tailored to the individual circumstances of the offender and the offence, that makes full use of the range of sentencing options available and is based on evidence, has the greatest likelihood of being effectively completed, while still fulfilling the purposes of sentencing.

“The revised Imposition guideline updates and extends the current guidance and puts before the courts research and evidence to inform their sentencing decisions. It will ensure that the principles for imposing community and custodial sentences continue to be consistently and transparently applied by the courts and that such sentences are the most suitable and appropriate for the offender and offence before them.”

Notes to editors

1. Lord Justice William Davis is available for interview (limited availability).
2. Embargoed copies of the Imposition guideline and the Council’s response to the consultation on the draft guideline are available on request.
3. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interests of justice to do so in all the circumstances of a particular case.
4. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work, which is scrutinised by the Justice Committee. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.