Dr. Laura Janes, consultant solicitor at GT Stewart, recently wrote for The Law Society Gazette about the latest sentencing guidance published on 5th March 2025. This new guidance aims to improve fairness in sentencing by ensuring judges receive essential information about a defendant’s personal circumstances before making decisions about imprisonment.

The prison system is already overcrowded, and there are concerns about the treatment and the support received of those in custody. The guidance does not impose mandatory requirements but highlights cases where a pre-sentence report (PSR) is normally necessary. These reports help judges understand the background and needs of defendants, particularly those at risk of unfair treatment.

According to the guidance, PSRs should generally be provided for individuals who:

• are at risk of receiving their first custodial sentence or a sentence of two years or less
• are young adults (aged 18-25)
• are female
• come from ethnic, cultural, or faith minority communities
• are pregnant or post-natal
• are sole or primary carers for dependent relatives.

Additionally, PSRs are encouraged when a defendant:

• has disclosed they are transgender
• has or may have addiction issues
• has or may have serious chronic medical conditions, physical disabilities, or mental ill health concerns, learning disabilities or brain injury/damage.
• Been a victim of domestic abuse, trafficking, coercion, or exploitation

Or the court considers that the offender is, or there is a risk that they may have been, a victim of:

• domestic abuse, physical or sexual abuse, violent or threatening behaviour, coercive or controlling behaviour, economic, psychological, emotional or any other abuse
• modern slavery or trafficking, or
• coercion, grooming, intimidation or exploitation.

Some argue that the guidance undermines equality before the law. However, as Dr. Janes explains, the purpose of the new approach is to ensure that sentencing decisions are made with full knowledge of relevant circumstances.

While the new guidance does not eliminate inequalities in sentencing, it is an important overdue step in improving fairness in the justice system. Ensuring that judges have access to all relevant information before sentencing is essential in preventing further injustices.

Read Dr. Laura Janes’ full commentary here.