Sentencing Council

Not to be confused with the Scottish Sentencing Council.

Sentencing Council

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Agency overview
Formed	April 2010 (April 2010)
Preceding agencies	Sentencing Guidelines Council Sentencing Advisory Panel
Type	Advisory non-departmental public body
Jurisdiction	England and Wales
Headquarters	The Royal Courts of Justice, London, WC2A 2LL
Employees	22
Annual budget	£1.9 million (2023/24)
Agency executives	Dame Sue Carr, Lady Chief Justice and President Lord Justice William Davis, Lord Justice of Appeal and Chair
Parent department	Ministry of Justice
Key document	Coroners and Justice Act 2009
Website	www.sentencingcouncil.org.uk
Map
England and Wales in the UK and Europe

The Sentencing Council for England and Wales is a non-departmental public body that is responsible for developing sentencing guidelines, monitoring the use of guidelines and assessing and reviewing a wide range of decisions relating to sentencing. It was established in April 2010 in consequence of the Coroners and Justice Act 2009, replacing the Sentencing Guidelines Council and the Sentencing Advisory Panel, its predecessor bodies.

Synopsis

The Council aims to ensure a consistent approach to sentencing, demystify court processes and sentencing for victims and the public, and increase confidence in the criminal justice system.

The Coroners and Justice Act 2009 gives the Sentencing Council a statutory duty to prepare sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Act 2020 (c. 17) (reduction in sentence for guilty plea), and sentencing guidelines about the application of any rule of law as to the totality of sentences. It is able to prepare sentencing guidelines about any other matter.

It is also required to consider the impact of sentencing practice and the Government may ask it to look at the impact of policy and legislative proposals relating to sentencing.

The Council comprises eight members of the judiciary and six non-judicial members, all with expertise in the criminal justice system. All members of the Council are appointed by the Lord Chancellor and the Lady Chief Justice.

History

The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom government, created by s.167 of the Criminal Justice Act 2003. It gave authoritative guidance on sentencing to the courts of England and Wales. The Council was chaired by the Lord Chief Justice of England and Wales and comprised seven judicial members, appointed by the Lord Chancellor after consultation with the Lord Chief Justice and the Home Secretary, and four non-judicial members, appointed by the Home Secretary after consultation with the Lord Chancellor and Lord Chief Justice.

The seven judicial members had to include a circuit judge, a district judge (magistrates courts) and a lay magistrate. The non-judicial members had to be experienced in policing, criminal prosecution, criminal defence or victim welfare. In April 2010 it became the Sentencing Council (combining also the functions of the Sentencing Advisory Panel).

In March 2025 the Sentencing Council was forced to climb down from its "two-tier" guidelines which would have led to different sentences depending on age, sex and ethnicity. A row erupted in the House of Commons on 1 April over the Sentencing Guidelines (Pre-sentence Reports) Bill which resulted.

In May 2025 the Sentencing Council published a guideline for immigrants-to-be-sentenced. These were criticized by Robert Jenrick MP as too lax. He preferred deportation.

Leadership

• Lord Justice Colman Treacy 11 November 2013
• Lord Justice William Davis 22 July 2022

'Two-tier' guidance controversy

In 2025, the council issued new guidance in England and Wales, planned since 2022, by directing the courts to consider various protected characteristics when writing pre-sentence reports; these include ethnicity, gender, and whether the offender is a first-time offender or pregnant. The intention is to give an "insight into why an individual fell into crime, their risk of reoffending and the chances for rehabilitation outside of jail".

The justice secretary, Shabana Mahmood, criticised the changes and informed the council she would review its powers. Government ministers, opposition politicians, and critics characterised these changes as "two-tier" in nature.

The plans were suspended in March 2025 by the council, following the government planning to introduce a "Sentencing Guidelines (Pre-sentence Reports)" draft bill, which would act to make these changes unlawful.

See also

• Victims' Commissioner
• Criminal Cases Review Commission
• Parole Board (England and Wales)
• HM Inspectorate of Probation
• His Majesty's Chief Inspector of Prisons
• Police and crime commissioner
• Independent custody visitor

External links

• Official website
• "Coroners and Justice Act 2009", legislation.gov.uk