New law to ensure fairness for all in court
Sentencing guidelines which risked differential treatment for different races and religions blocked as Sentencing Guidelines (Pre-sentence Reports) Act receives Royal Assent
- Sentencing Guidelines (Pre-sentence Reports) Act receives Royal Assent
- Law prevents guidelines on pre-sentence reports which reference personal characteristics 바카라 사이트“ such as race or ethnicity coming into effect
- Law will ensure everyone is treated equally by the courts, part of mission to create Safer Streets through the Plan for Change
Sentencing guidelines which risked differential treatment for different races and religions, in terms of access to pre-sentence reports, will be blocked under new legislation which has become law today (Thursday 19 June).
Pre-sentence reports can play a valuable role in supporting judges when making decisions on sentencing. The reports provide an assessment of the nature and causes of an offender바카라 사이트™s behaviour, the risk they pose, as well as an independent recommendation of the sentencing options available to the court. However, the changes proposed by the Sentencing Council earlier this year risked a two-tier justice system with offenders treated differently based on their religion or the colour of their skin.
The new law prevents sentencing guidelines from singling out specific cohorts for differential treatment based on their personal characteristics, when it comes to ordering pre-sentence reports - maintaining fairness and equality under the law. Â
This Act will not restrict courts from requesting바카라 사이트¯pre-sentence reports on a case-by-case basis, such as for pregnant women or those involving young people, or domestic abuse.Â
The Lord Chancellor, Shabana Mahmood said:바카라 사이트¯Â
Equality before the law is the backbone of public confidence in our justice system and today바카라 사이트™s change to the law ensure fairness for all in our courts. Â
I am grateful to the Council and its officials for their constructive work on this, I will continue to ensure no one is treated differently just because of their skin colour or religion under the law.
Background information
- The 바카라 사이트 supports the use of바카라 사이트¯PSRs but the guidance included in the바카라 사이트¯Sentencing바카라 사이트¯Council바카라 사이트™s revised Imposition of community and custodial바카라 사이트¯sentences바카라 사이트¯guideline바카라 사이트¯바카라 사이트“ specifically stating a PSR would normally be considered necessary for offenders based on their personal characteristics, such as religion or ethnicity 바카라 사이트“ risked differential treatment before the law.Â
- The measures will apply to England and Wales. Â
- This Act follows formal objections raised by the Lord Chancellor to the Sentencing Council regarding sections of the revised Imposition guideline, which was published on 5 March 2025 and originally due to come into effect on 1 April 2025.Â
- Courts are under a statutory obligation to request PSRs in all cases (under section 30 of the Sentencing Code), unless they consider it unnecessary in the circumstances of the case. This Act does not impact this statutory obligation.Â
- The Act also does not prevent the바카라 사이트¯Sentencing바카라 사이트¯Council from advising, in general terms, that PSRs are sought in cases where the court would benefit from an assessment of an offender바카라 사이트™s personal circumstances.Â
- The Act also does not affect Court of Appeal case law about the types of cases where PSRs are necessary or desirable, including the recent case of Thompson in which the Court of Appeal said it would be desirable to obtain a PSR in cases of pregnant or post-natal women.