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Fewer people going to prison?

The Sentencing Council has published a significantly revised version of the Imposition of community and custodial sentences guideline.  It’s application may result in few people going to prison straight away.

This, in reality, new guideline sets out the guidance that magistrates and judges must follow when imposing community orders and custodial sentences, including deciding whether a custodial sentence can be suspended. Is is not isIt has been developed through public consultation and comes into effect on 1 April 2025.

The Guideline reminds courts that sentencers must have regard to the five purposes of sentencing when determining sentence.  These are:

• The punishment of offenders
• The reduction of crime (including its reduction by deterrence)
• The reform and rehabilitation of offenders
• The protection of the public
• The making of reparation by offenders to persons affected by their offences

Sentencers are reminded that ‘the weight each purpose should be given will vary from case to case. Both community and custodial sentences can achieve all the purposes of sentencing.’

Although a restriction on liberty will sometimes be necessary to safeguard victims and/or the public.   The Guideline stresses that ‘a restriction on liberty can be achieved by a community or a custodial sentence.’

The Guideline talks about the importance of pre-sentence report in helping the court make the correct decision on sentence.  It appears to stress that any sentencing decision should be tailored to the individual.

This could signal a more flexible approach that results in fewer people going to prison.  The Guideline stresses this:

“Passing the custody threshold does not mean that a custodial sentence (whether immediate or suspended) is inevitable. Custody should not be imposed where the purposes of sentencing could be achieved by a community order or where circumstances exist which may make a custodial sentence disproportionate to achieving the purposes of sentencing (for example, where there would be an impact on dependants, including on unborn children where the offender is pregnant.)”

The Guideline also reminds sentencers of their power of deferment and when this might be most appropriate:

“A deferment order is available to a magistrates’ court or the Crown Court. It delays the passing of a sentence until a date specified by the court which must be within 6 months. The court may impose deferment requirements as to the offender’s conduct during the period of deferment.

Deferring sentencing may be particularly appropriate for young adults (typically 18-25 years of age) or those who are in transitional life circumstances.”

We will be reviewing in detail the potential effect of these guidelines on the approach to sentence.