The Sentencing Council has recently introduced new guidelines on community and custodial sentences. This will assist both judges and magistrates in deciding when to impose a community or custodial (prison) sentence. The specific changes, taking effect on April 1st, will prioritise crime reduction and rehabilitation over existing sentencing guidelines.
The purpose of such guidelines is to address sentencing disparities for certain groups while ensuring that sentencing remains fair, consistent, and proportionate.
These frameworks are highly important for those accused of crimes, as they establish expectations within legal proceedings. For more information regarding sentencing within the UK’s Criminal Justice System, please refer to the Equal Treatment Bench Book.
To see how the community and custodial sentencing guidelines are referred to within UK case law, please see sentencing remarks made during Rex -v- James Aspin.
What Changes Have Been Made to the Previous Sentencing Guidelines?
The Sentencing Council introduced these new guidelines following a public consultation that called for a revised version of the Imposition of Community and Custodial Sentences Guideline. This Public Consultation took place between 29 November 2023 and 21 February 2024.
One of the key changes within the imposition of community and custodial sentences guideline is the promotion of Pre-Sentence Reports (PSRs) during sentencing. These reports provide background information on both the individual and the offence. This will help judges and magistrates to determine whether a custodial or community service is the most suitable and appropriate option.
Additionally, the new guidelines introduce a new section on the purposes of sentencing, as well as updated evidence to be considered when sentencing certain groups. These may include young adults, female offenders, mothers with dependent children, and pregnant and post-natal individuals.
For more details, please visit the Sentencing Council’s article.
What Is the Difference Between Community and Custodial Sentences?
Custodial Sentences:
A custodial sentence refers to time spent in prison for convicted offenders. In some cases, the judge or magistrate can decide to impose a suspended sentence, allowing the individual to avoid imprisonment under specific conditions. To learn more about custodial sentences, refer to section 230(2) of the Sentencing Code.
Community Sentences:
A community sentence serves as an alternative to imprisonment and may consist of voluntary labour, curfews, restrictions on daily activities, rehabilitation programs, and more. To learn more about community orders, refer to section 204(2) of the Sentencing Code.
What Laws Relates to These New Guidelines?
Several existing UK laws are associated with the new guidelines on community and custodial sentences.
These include, but are not limited to, the following:
- The Sentencing Bill 2023
- The Criminal Justice Act 2003
- The Sentencing Act 2020
- The Human Rights Act 1998
How Will the New Guidelines Affect Me?
The newly implemented guidelines may influence the sentence you receive. However, different thresholds apply for different offences and are considered during sentencing. Depending on the threshold, a community or custodial sentence may be imposed. Once the threshold has been determined, the court then considers the main purposes of sentencing.
You can refer to s57 of The Sentencing Act 2020 to learn the five identified purposes of sentencing that the court must take into account.
For more information regarding the use of sentencing guidelines in the UK, please see the New Guidelines on Community and Custodial Sentences.
Legislation
- The Sentencing Bill 2023
- The Criminal Justice Act 2003
- The Sentencing Act 2020
- Human Rights Act 1998
Relevant Case Law
References
Comprehensive new guidance on imposing community and custodial sentences – Sentencing
Imposition of community and custodial sentences – Effective from 1 April 2025 – Sentencing
Sentencing Council issues community and custodial sentences guideline revision | News | LexisNexis
CrimeLine – serious about criminal law
James Aspin, Sentencing Remarks 18 November 2024 – CrimeLine
If you need further information or expert legal advice on this matter, contact McArthur Solicitors today at enquiries@mcarthursolicitors.co.uk or call 020 4587 4583. Our team is here to help.
Andrew McArthur & Georgina Bath
