A significant legal reform was recently enacted in England and Wales to uphold equality before the law, with the Sentencing Guidelines Pre-sentence Reports Act receiving Royal Assent on 19 June 2025. This new legislation precludes sentencing guidelines that could have allowed courts to treat offenders differently based on characteristics such as race or religion when ordering pre-sentence reports.
Maintaining equal treatment
Pre-sentence reports, or PSRs, are important tools for judges, providing a thorough assessment of an offender’s circumstances and recommendations for appropriate sentencing; however, previous proposals from the Sentencing Council suggested PSRs might be required for certain groups identified by their ethnicity or faith, thus fuelling concerns about a two-tier justice system.
With the passage of this act, any guidelines suggesting that PSRs be ordered based on an individual’s characteristics will not come into effect. The aim is to keep sentencing decisions impartial and reaffirm the commitment of the criminal justice system to equal treatment.
Safeguards and flexibility
The new law does not impede courts from requesting PSRs where they are genuinely needed, such as in cases involving pregnant women, young people, or victims of domestic abuse. Judges retain the discretion to seek specialist reports when the situation demands individual consideration, without reference to the offender’s background characteristics.
Application
The act is relevant only to lawyers who practise criminal law; however, even a practice that specialises exclusively in non-criminal cases, such as London law firm forsters.co.uk/, is likely to see the value of keeping up to date with the broader legislative landscape.
Commitment to justice
Lord Chancellor Shabana Mahmood stated that “equality before the law is the backbone of public confidence in our justice system.” The act was introduced following official objections to guidelines published in March 2025 that would have permitted differential treatment. While the statutory duty to consider PSRs remains, this law ensures that only relevant circumstances – never someone’s race or religion – determine access to justice.
The Sentencing Guidelines Pre-sentence Reports Act is intended as a major reinforcement of the principle that everyone is equal in the eyes of the law.