New Government Plan: What it Means for People Facing Sentencing
If you or a family member is due to be sentenced, you may have seen news stories suggesting that a major change to sentencing has been suddenly stopped by the Government.
This is the issue:
The body that writes guidance for judges (the Sentencing Council) wanted to bring in a rule that would make courts automatically look more closely at a person’s background before deciding a sentence, especially if the person was young, a woman, from a minority background, pregnant, or a carer for children or vulnerable relatives.
As that proposed change has now been blocked, we’re going to explain what this Government intervention is about and why it matters for anyone who is facing sentence now.
What was happening?
The Sentencing Council had suggested that judges should automatically get a pre-sentence report in cases involving some types of people – for example:
young adults
people from ethnic minority communities
women
people with caring responsibilities (e.g. parents or carers)
pregnant women
A pre-sentence report is a report that looks at a person’s background and circumstances before sentencing – for example their mental health, caring responsibilities, trauma history, maturity, and the impact prison might have on dependants.
Why did the Government step in?
The Government has now moved to stop this guidance from going ahead.
Their argument is that judges should not treat groups differently based on personal characteristics – and that the law should apply the same way to everyone.
What this means for you
Even though the formal guideline is not going ahead, your personal circumstances are still important.
Judges can still look at:
age
caring responsibilities
disability
trauma history
risk of harm to children if a carer is jailed
mental health
rehabilitation prospects
But now, it is not automatic, which makes it even more important that your defence lawyer raises these things clearly and properly.
How our Brighton and Hove-based solicitors can help
At Seymours + Solicitors, we make sure:
your personal background is properly explained to the court
if a pre-sentence report would help you, we request one
any unfair assumptions are challenged
Because the difference between:
“The judge didn’t know this”
and
“The judge properly understood your situation”
… can be the difference between custody and a community sentence.
If you are facing sentence now
Get advice early - the court will not automatically uncover the details that can make a difference.
We will make sure what matters about your life is put before the court, clearly and professionally.