House of Commons
8 August 2025
May contain errors — check source documents for definitive information.
The Sentencing Guidelines (Pre-sentence Reports) Act 2025 prohibits sentencing guidelines from basing a pre-sentence report on an offender’s personal characteristics or demographic group. It instead requires attention to individual circumstances and factors likely to reduce offending, with safeguards such as alignment with the Equality Act, an independent two-year review, and Government regulations to give effect to the guidelines. The Act applies to England and Wales and takes effect the day after it becomes law.
The Bill advanced through the Commons and Lords with multiple amendments and scrutiny, culminating in Royal Assent on 19 June 2025, after which it became law as the Sentencing Guidelines (Pre-sentence Reports) Act 2025. The key policy direction established in the Act reflects a balance between non-discrimination and allowing meaningful use of PSRs to inform sentencing.
Two Commons amendments (Amendment 4 and Amendment 3) were defeated, showing broad opposition to those specific changes; the government and its allies generally backed the core thrust of the reform, while Labour and other opposition groups opposed the amendments. Across parties, Conservative and allied MPs largely supported the government’s approach, whereas Labour (and several other opposition groups) voted against the proposed amendments, indicating a divided stance on how PSRs should be framed and used.
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Following agreement by both Houses on the text of the bill it received Royal Assent on 19 June. The bill is now an Act of Parliament (law).
This Act provides official sentencing guidelines for pre-sentence reports (PSRs) used in court. It sets out how PSRs should be prepared and used when determining a sentence, and includes provisions on the Act’s extent, commencement and short title.
The marshalling list sets out amendments to Clause 1 of the Sentencing Guidelines (Pre-sentence Reports) Bill, aimed at giving the Sentencing Council more discretion to include pre-sentence reports by considering individual circumstances or personal characteristics that may be relevant to sentencing, with a ‘good cause’ test to avoid inequality. It also seeks to promote greater use of pre-sentence reports, especially where a decision between a community penalty and imprisonment is likely, and includes definitions and exceptions (notably excluding pregnancy or maternity) and allows guidance reflecting existing case law.
The amendment paper records proposed changes to Clause 1 of the Sentencing Guidelines (Pre-sentence Reports) Bill, giving the Sentencing Council more discretion to include personal circumstances or characteristics in guidelines if relevant to sentencing. It introduces a ‘good cause’ test to prevent unequal outcomes, and aims to promote greater use of pre-sentence reports, especially where the sentence could be a community penalty or imprisonment. It also defines terms like “individual circumstances” and “personal characteristics” and preserves scope for guidance to reflect existing case law, addressing concerns about pregnancy status and age.
The Lords’ amendments to the Sentencing Guidelines (Pre-sentence Reports) Bill replace references to “different personal characteristics” with the Equality Act’s “protected characteristics,” and prevent guidelines from requiring or prohibiting pre-sentence reports based on those characteristics alone. They seek to include factors that reduce offending, broaden the use of pre-sentence reports while allowing more discretion to avoid inequality, and require guidelines to be submitted to and given effect by the Secretary of State, with safeguards on content and orders. An independent two-year review of the Act’s impact is proposed, and pregnancy or maternity would be excluded from “personal characteristics.”
Amendments to Clause 1 would redefine 'personal characteristics' as 'protected characteristics' under the Equality Act and require pre-sentence reports to address factors likely to reduce offending, while allowing discretion to avoid unequal sentencing outcomes. They propose new justifications for requesting PSRs and seek to ensure guidance remains consistent with case law and Equality Act duties.
The bill amends the Coroners and Justice Act 2009 to stop sentencing guidelines for pre-sentence reports from being framed by any of an offender’s personal characteristics, such as race, religion or cultural background. It defines what counts as personal characteristics and confirms that a pre-sentence report has the same meaning as in the Sentencing Code. The Act applies to England and Wales, comes into force the day after it is passed, and may be cited as the Sentencing Guidelines (Pre-sentence Reports) Act 2025.
