Sentencing Guidelines (Pre-sentence Reports) Bill — Clause 1 — Sentencing guidelines about pre-sentence reports — 30 Apr 2025 at 16:15

“different personal characteristics of an offender”

“an offender’s membership of a particular demographic cohort.”

“The Bill is intended to ensure that Sentencing Guidelines are drafted in such a way as to prevent differential treatment and maintain equality before the law. It does this by preventing the creation of a presumption regarding whether a pre-sentence report should be obtained based on an offender’s membership of a particular demographic cohort, rather than the particular circumstances of that individual.”

“provision framed by reference to different personal characteristics of an offender.”

“When considering a custodial or community sentence for a pregnant or postnatal offender…the Probation Service should be asked to address the issues below in a pre-sentence report. If a suitable pre-sentence report is not available, sentencing should normally be adjourned until one is available.”

“Once the Bill is in force, any provision in sentencing guidelines that is of the description in the new subsection (4A) will cease to be lawful and so cease to have effect. I can therefore confirm that the Bill will, as a matter of law, affect both new and existing guidelines. In practice, this means that some existing guidelines will be affected by the Bill, including offence-specific guidelines related to mitigating and aggravating factors, which set out guidance about PSRs for specific cohorts.”

“a young adult…female…an ethnic minority”,

“pregnant or post-natal…has disclosed they are transgender…has or may have a serious chronic medical condition or physical disability.”

“Is the term ‘personal characteristics’ in the Bill intended to exclude pregnancy, motherhood…and age…to ensure guidelines that are consistent with…case law?”

“The Bill specifies that personal characteristics includes race, religion or belief or cultural background. However, this is a non-exhaustive list and personal characteristics is also intended to cover a wider range of characteristics, including sex, gender identity, age, physical disabilities and pregnancy status. Pregnancy, motherhood and age are therefore not excluded from the definition of ‘personal characteristics’”.

“a woman who is pregnant or has recently given birth”;

“the defendant’s traumatic upbringing, vulnerability and the fact they had been a victim of modern slavery”

“ethnic minority, cultural minority, and/or faith minority community”

“Equality does not mean treating everyone the same.”

“the debate should be about how we move to universality of pre-sentence reports, not about rationing.”-[Official Report, 22 April 2025; Vol. 765, c. 1019.]

Debate in Parliament |