Leah Hester
The Sentencing Council earlier this month 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.
Further Reading
Leah Hester – Author at Chronicle Law Legal News
Making the System Work: Expert Advocacy for Autistic Clients. – Chronicle Law – Your Legal News
FAQs
1. What is rehabilitation in the context of a custodial sentence?
Rehabilitation refers to the process of helping offenders reintegrate into society and reduce the likelihood of reoffending. In the UK, rehabilitation often includes educational programs, vocational training, counselling, and treatment for substance abuse. The aim is to address the underlying causes of criminal behaviour and support the offender’s reintegration.
2. What is the difference between rehabilitation and restorative justice?
- Rehabilitation focuses on helping the offender address the root causes of their behaviour and reduce the risk of reoffending.
- Restorative justice, on the other hand, involves the offender engaging with the victim to take responsibility for their actions, express remorse, and potentially make amends.
3. How is rehabilitation monitored and measured?
Rehabilitation is monitored through progress reports, attendance records, and behavioural assessments. The probation service plays a key role in overseeing post-release rehabilitation, while prison staff monitor progress during the custodial sentence.