Sentencing Guidelines (Pre-sentence Reports) Act 2025

3

Clause 1, page 1, line 6, leave out “framed by reference to” and insert “solely based on”

This amendment is intended to probe the meaning of the phrase “framed by reference to”.

6

Clause 1, page 1, line 7, at end insert—
“(4B) Nothing in this section shall preclude guidelines referring to the use of pre-sentence reports when an assessment of an offender’s personal circumstances would be beneficial.”

This amendment clarifies that the Sentencing Council will be able to produce guidelines to remind sentencers that pre-sentence reports may be necessary when, amongst other things, an assessment of the offender’s personal circumstances would be beneficial.

8

Clause 1, page 1, line 13, at end insert—
“but do not include pregnancy or maternity.”

This amendment seeks to ensure that existing sentencing guidelines relating to the mitigating factor of “pregnancy, childbirth and postnatal care” can continue to provide directions for courts to obtain pre-sentence reports for offenders who are pregnant or are primary carers of young children.

9

Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”

This amendment is intended to probe the impact of this Bill on the application of existing case law. It reflects a concern expressed by the Constitution Committee that both pregnancy status and age would be deemed as “personal characteristics” and the Sentencing Council would not be able to issue guidance regarding the use of presenting reports in those circumstances where case law applies.

1

Clause 1, page 1, line 5, leave out from “may” to end of line 7 and insert “include provision framed by reference to any individual circumstances or personal characteristics of an offender, provided that the guidelines state that these can only be taken into account if the sentencer is of the opinion that they are (or may be) individually (or collectively) relevant to the determination of the appropriate sentence.”

2

Clause 1, page 1, line 5, after “not” insert “without good cause”

This amendment, together with Lord Marks’ amendment to page 1, line 7, would allow the Sentencing Council more discretion in preparing sentencing guidelines about pre-sentence reports in order to avoid inequality of sentencing outcomes.

4

Clause 1, page 1, line 7, at end insert—
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”

This amendment, together with Lord Marks’ amendment to page 1, line 5, would allow the Sentencing Council more discretion in preparing sentencing guidelines about pre-sentence reports in order to avoid inequality of sentencing outcomes.

5

Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing, in particular when the sentencing decision is likely to involve a choice between a community penalty and imprisonment.”

This amendment is intended to encourage increased use of pre-sentence reports.

7

Clause 1, page 1, leave out lines 10 to 13 and insert—
““individual circumstances” means any of the offender’s circumstances which, in the opinion of the sentencer, are or may be relevant to the determination of the appropriate sentence.
“personal characteristics” means any of the offender’s characteristics which, in the opinion of the sentencer, are or may be relevant to the determination of the appropriate sentence.”

Clause 1, page 1, line 15, at end insert — "(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”

8

Clause 1, page 1, line 7, at end insert—
“(4B) Nothing in any sentencing guidelines about pre-sentence reports may restrict—
(a) the content of a pre-sentence report, or
(b) any order made by the court.”

This amendment seeks to clarify the scope of the Sentencing Council’s guidelines in the context of this Bill

9

Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must be submitted to the Secretary of State by the Council and the Secretary of State must give effect to those guidelines by regulations.”

10

Clause 1, page 1, line 7, at end insert—
“(2A) At the beginning of subsection (7), insert “Subject to subsection (4B),”.
(2B) At the beginning of subsection (8), insert “Subject to subsection (4B),”.”

16

Clause 1, page 1, line 15, at end insert—
“(13) For the purposes of this section, “personal characteristics” do not include pregnancy or maternity.”

This amendment seeks to avoid unintended consequences arising from the use of the words ‘personal characteristics’, namely that existing and future Sentencing Council guidelines, which direct sentencers to obtain a pre-sentence report because a woman is pregnant or a primary carer of a dependent child, are likely to become unlawful.

17

Clause 1, page 1, line 15, at end insert—
“(4) In section 176 of the Coroners and Justice Act 2009 (orders, regulations and rules), after subsection (5)(c), insert—
“(ca) regulations under section 120(4B),””

18

After Clause 1, Insert the following new Clause—
“Independent review
(1) The Secretary of State must arrange for an independent review to be carried out of—
(a) the effects of the changes made to section 120 of the Coroners and Justice Act 2009 by section 1, and
(b) sentencing guidelines about pre-sentence reports.
(2) The Secretary of State must, after consultation with the Sentencing Council, appoint a person the Secretary of State deems to have appropriate professional experience relating to pre-sentence reports to conduct the review.
(3) The review must be completed within two years of the day on which this Act is passed.
(4) As soon as practicable after a person has carried out the review, the person must—
(a) produce a report of the outcome of the review, and
(b) send copy of the report to the Secretary of State.
(5) The Secretary of State must lay before Parliament a copy of the report sent under subsection (4)(b) within one month of receiving the report.”

This amendment requires the Secretary of State to review the impact of the Act within two years.

1

Clause 1, page 1, leave out lines 5 to 7 and insert—
“(4A) But sentencing guidelines may not require or prohibit the provision of a pre-sentence report by reference to an offender’s protected characteristics alone.”

This and other amendments in the name of Baroness Chakrabarti replace the reference in clause 1 to “different personal characteristics of an offender” with the tighter definition of “protected characteristics” in the Equality Act. It further restores some discretion to the Sentencing Council as long as guidelines do not require or prohibit pre-sentence reports on the basis of such characteristics alone.

2

Clause 1, page 1, leave out lines 5 to 15 and insert—
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to the factors considered in the case of each offender (“O”) most likely to reduce offending by O.”

This amendment would ensure that pre-sentence reports include information relating to reducing offending.

3

Clause 1, page 1, leave out lines 5 to 15 and insert—
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to personal characteristics of an offender (“O”) if these are considered to be related to O’s personal circumstances.”

This amendment seeks to explore the interaction between a person’s “personal characteristics” and “personal circumstances”.

4

Clause 1, page 1, line 5, after “not” insert “without good cause”

This amendment, together with Lord Marks’ amendment to page 1, line 7, would allow the Sentencing Council more discretion in preparing sentencing guidelines about pre-sentence reports in order to avoid inequality of sentencing outcomes.

5

Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines may recommend that sentencers consider requesting pre-sentence reports for one of the following reasons in particular—
(a) where the sentencer believes that their own life experience is particularly far removed from that of the offender;
(b) where the sentencer believes that an offender is a member of social group that appears to be over-represented in the prison population;
(c) where the sentencer believes that an offender or their dependents may be particularly badly effected by the imposition of a community or custodial sentence;
(d) where the sentencer is considering an offender for their first community or custodial sentence.”

This amendment introduces positive reasons why sentencing guidelines may suggest the request of pre-sentence reports to enhance a sentencer’s understanding of an offender.

6

Clause 1, page 1, line 7, at end insert—
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”

This amendment, together with Lord Marks’ amendment to page 1, line 5, would allow the Sentencing Council more discretion in preparing sentencing guidelines about pre-sentence reports in order to avoid inequality of sentencing outcomes.

7

Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing.”

This amendment is intended to probe the current use of pre-sentence reports and how to increase their use.

11

Clause 1, page 1, leave out lines 10 to 13

This and other amendments in the name of Baroness Chakrabarti replace the reference in clause 1 to “different personal characteristics of an offender” with the tighter definition of “protected characteristics” in the Equality Act.

12

Clause 1, page 1, leave out line 13

This amendment is intended to probe the meaning of “cultural background”

13

Clause 1, page 1, line 15, at end insert—
““protected characteristics” are as defined by sections 4 to 12 of the Equality Act 2010.”

This and other amendments in the name of Baroness Chakrabarti replace the reference in clause 1 to “different personal characteristics of an offender” with the tighter definition of “protected characteristics” in the Equality Act.

14

Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”

This amendment is intended to probe the impact of this Bill on the application of existing case law. It reflects a concern expressed by the Constitution Committee that both pregnancy status and age would be deemed as “personal characteristics” and the Sentencing Council would not be able to issue guidance regarding the use of presenting reports in those circumstances where case law applies.

15

Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall require the Council to issue guidance about pre-sentence reports that is not consistent with its duties under section 149 of the Equality Act 2010.”

This amendment is intended to probe the impact of this Act on any of the Sentencing Council’s duties under the public sector equality duty.

3

Clause 1, page 1, line 7, at end insert—
“(2A) After subsection (7) insert—
“(7A) In the case of guidelines within subsection (4) about pre-sentence reports, the Council must, after making any amendments of the guidelines which it considers appropriate, obtain the consent of the Secretary of State before issuing sentencing guidelines as definitive guidelines.
(7B) In any case to which subsection (7A) applies, the Secretary of State may—
(a) consent to the issuing of guideline as definitive guidelines,
(b) refuse consent for the issuing of guidelines as definitive guidelines, or
(c) direct the Council to issue the guidelines in an amended form as definitive guidelines.
(7C) Where the Secretary of State has consented to the issuing of guidelines under subsection (7B)(a) or has directed the Council to issue guidelines in an amended form under subsection (7B)(c), the Council must issue the guidelines as definitive guidelines in the appropriate form”.”

This amendment stops sentencing guidelines about pre-sentence reports coming into force unless approved by the Lord Chancellor.

4

Clause 1, page 1, line 13, at end insert—
“(d) status as part of a group that may have experienced trauma from experiences of racism or discrimination—
(i) inter-generationally and relayed to the defendant, or
(ii) as a result of important historical events which may have had a greater impact on those from specific groups and cultures.”

This amendment would ensure that sentencing guidelines about pre-sentence reports cannot include a defendant’s status as part of a group, particularly not if this involves considering events that may not have impacted the defendant personally.

1

Clause 1, page 1, line 6, leave out “different personal characteristics of an offender” and insert “an offender’s membership of a particular demographic cohort.”

2

Clause 1, page 1, leave out line 10 and insert—
““a particular demographic cohort” may include those related to—”

NC1

To move the following Clause—
“Independent review
(1) The Secretary of State must arrange for an independent review to be carried out of—
(a) the effects of the changes made to section 120 of the Coroners and Justice Act 2009 by section 1, and
(b) sentencing guidelines about pre-sentence reports.
(2) The Secretary of State must, after consultation with the Sentencing Council, appoint a person with professional experience relating to pre-sentence reports to conduct the review.
(3) The review must be completed within two years of the passing of this Act.
(4) As soon as practicable after a person has carried out the review, the person must—
(a) produce a report of the outcome of the review, and
(b) send a copy of the report to the Secretary of State.
(5) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (4)(b) within one month of receiving the report.”