Commenting on the new ‘Imposition guidelines’ introduced by the Sentencing Council yesterday, Tom Franklin, chief executive of the Magistrates’ Association, said:
“Parliament sets the law, and the independent Sentencing Council sets the framework by which the courts should apply sentences for those found to have broken those laws. In setting that framework, the Sentencing Council must balance public confidence, the protection of communities from crime, and the goal of reducing re-offending. It is also required to consult widely and produce evidence-based conclusions. Magistrates must follow the law and the guidance that is given to them, and are awaiting training from the Judicial College on the new guidelines that have just been issued.
“However, there is widespread concern about disparities in sentencing outcomes for different parts of the population, that need to be addressed. For example, minority ethnic men and boys are far more likely to be in prison than people from other ethnic groups. Addressing disparities like this is not about treating people differently, but ensuring sentencing is applied fairly across all groups. Recommending that pre-sentence reports (PSRs) are considered in more cases, is one step towards addressing this – indeed we would like to see them for all defendants.
“Pre-sentence reports (PSRs) are vital for effective sentencing. They provide the court with information about the defendant such as their background, family, education, career and any responsibilities they have, as well as helping judges and magistrates understand what may have led them to commit the offence. However, in 2024, probation inspectors found that less than half (47 per cent) of PSRs were sufficiently analytical and personalised – an issue that was particularly pronounced for ethnic minority defendants – and that there was a clear need for improvement across the board.
“The new guidelines recommend considering pre-sentence reports for many different groups of people, including women, people at risk of their first custodial sentence, and those aged under 25 years old, and in any other cases – for any other groups – where one would be helpful. Magistrates want to see detailed and tailored PSRs available in all cases, and more on-the-day reports to speed the conclusion of the case for victims and defendants. However, the shortage of probation officers means this often does not happen – something that must be addressed if sentencing is to be truly fair and informed.”
