Question to the Ministry of Justice:

To ask His Majesty's Government what statutory requirements govern the preparation of pre-sentence reports in England and Wales by the Probation Service for all convicted offenders in (1) the Crown Court, and (2) the Magistrates Court.

Section 30 of the Sentencing Code provides for the provision of pre-sentencing reports for offenders where there is a requirement to obtain a PSR under the Code. This includes where the court is considering whether the offender should receive a sentence of immediate custody. It sets out that if an offender is aged 18 or over, a sentencing court must obtain and consider a pre-sentence report before forming an opinion unless, in the circumstances of the case, it considers that it is unnecessary to obtain a pre-sentence report.

PSRs include an assessment of the offender's behaviour, the risk they pose, and recommendations for sentencing options, helping to ensure that the sentence is tailored to the individual offender and their circumstances. The PSR can recommend various sentencing options, including community sentences and specific requirements like treatment programs. Based on the assessment, a PSR suggests the most appropriate sentence for the offence and makes recommendations to the Court; however, the final decision is at the judge’s discretion.

The Sentencing Council’s Imposition guideline provides sentencing courts with the general principles around imposing community orders and custodial sentences, and in what circumstances a custodial sentence can be suspended.  The Lord Chancellor has been clear that the 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.