Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Sentencing Council's guidance entitled Imposition of community and custodial sentences - Effective from 1 April 2025, whether her Department has made an (a) estimate of the (i) additional number of pre-sentence reports required and (ii) costs of those reports and (b) assessment of the potential impact of that guidance on the (A) quality of pre-sentence reports, (B) probation service, (C) time taken for sentencing and (D) number of appeals of sentencing decisions.

Where a court is considering whether an offender should receive a sentence of immediate custody, a pre-sentence report must be obtained and considered before forming an opinion unless, in the circumstances of the case, the court considers that it is unnecessary to obtain a pre-sentence report. The Probation Service plays an essential role by providing an expert assessment of the nature and causes of the offender's behaviour and the risk the offender poses. Our priority remains the safety of the public and rehabilitation of offenders, and we will take all necessary steps to support the probation service in achieving these goals.

The Sentencing Council is responsible for carrying out its own impact assessments of its guidelines. The assessment for the recent Imposition of community and custodial sentences guidelines published on 5 March 2025, can be found here: https://www.sentencingcouncil.org.uk/html-publication/item/imposition-of-community-and-custodial-sentences-overarching-guideline-final-resource-assessment/#Resource%20impacts.

The Lord Chancellor has been clear that these guidelines regarding pre-sentencing reports do not represent the views of this Government. The Lord Chancellor and the Chairman of the Sentencing Council have had a constructive discussion. It was agreed that the Lord Chancellor will set out her position more fully in writing, which the Sentencing Council will then consider before the guideline is due to come into effect. It remains the case that the Lord Chancellor is reviewing the role and responsibilities of the Sentencing Council – and look at whether a greater role for elected officials is needed.