The Sentencing Council yesterday published a significantly revised version of the Imposition of Community and Custodial Sentences guideline, which will take effect from 1 April 2025. This revised guidance is a crucial step in ensuring that sentencing decisions are not only proportionate but also evidence-based, with a clear focus on reducing reoffending.
The Evidence Against Short Custodial Sentences
The 2022 literature review commissioned by the Sentencing Council reinforced what many in the criminal justice system have long suspected:
Short custodial sentences can be criminogenic - they increase rather than decrease the likelihood of reoffending.
Suspended sentences and community orders are more effective in supporting rehabilitation and reducing reoffending.
Deterrent effects of short custodial sentences are limited - they do not serve as an effective warning against crime.
The revised guideline reflects these findings by reinforcing the importance of Pre-Sentence Reports (PSRs) and introducing a new section on the Effectiveness of Sentencing.
Key Changes in the New Sentencing Approach
The updated guideline emphasises that:
Magistrates and judges must "step back" and ensure that a rehabilitative sentence has been fully considered.
Pre-Sentence Reports (PSRs) play a central role, ensuring that courts have all necessary background information before sentencing.
Community orders and suspended sentences should be prioritised where appropriate, particularly for young adults (18-25), female offenders, and individuals with specific vulnerabilities.
The changes in the sentencing decision flowchart reflect an apparent shift towards the consideration of rehabilitative sentencing including community orders in the first instance.
A Fundamental Shift in Sentencing Thinking
This guideline serves as a critical reminder that sentencing is not just about punishment—it is about reducing crime in the long term whilst achieving broader functions such as providing censure, denunciation, and accountability. Ensuring that offenders receive tailored, rehabilitative sentences rather than ineffective short-term imprisonment is key to achieving this goal.
As criminal defence solicitors, we welcome this shift and will continue to advocate for sentencing approaches that offer the best chance for rehabilitation.
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