The Sentencing Guidelines (Pre-sentence Reports) Act has now received Royal Assent and become law. The Act prevents sentencing guidelines from treating specific cohorts differently based on their personal characteristics when it comes to pre-sentence reports (PSRs).
PSRs are crucial tools in the sentencing process. They help judges and magistrates understand the personal circumstances, vulnerabilities, and context that might have influenced a person’s offending.
While the Act claims to be a step towards "fairness for all" in court, we are concerned that, in practice, this will lead to sentencing that is not fully informed and detached from the individual circumstances that should be at the heart of decision-making in sentencing.
The Sentencing Council’s guidelines in April 2025 recommended PSRs be “normally” requested for specific groups - including pregnant women, cultural and racial minorities, young adults, and carers – on the basis that these groups face particular vulnerabilities or disadvantages in the criminal justice system. This new legislation, however, prohibits PSRs from referring to any "personal characteristics referencing race or ethnicity" and prevents the Sentencing Council from reissuing recommendations containing similar terms. The government asserts this will prevent differential treatment in sentencing, but in doing so, this approach risks overlooking important information that contextualises a person’s vulnerabilities.
There is clear evidence that PSRs, when used appropriately, mitigate discrimination by assisting sentencers to understand the circumstances of people from minority backgrounds. People from racially minoritised backgrounds are more likely than white people to receive a custodial sentence for the same level of offence. A well-informed PSR can help judges and magistrates understand and respond to patterns of inequality – acting as a counterbalance. The government had an opportunity to build a fairer justice system, but this Act instead takes a step backward - PSRs don’t offer preferential treatment, they reveal structural barriers.
As this legislation begins to shape practice, we urge the government and courts to closely monitor its real-world effects. PSRs are not loopholes or excuses – they are essential in ensuring judges and magistrates have all the information they need to make fair, just, and proportionate decisions. Justice isn’t about treating everyone the same – it's about responding to people's realities with fairness.
Alex Clarke
Policy Officer
