Sentencing Bill 2025

Here is the Sentencing Bill introduced to the House of Commons by the government on 2 September 2025.

The text of the Bill (as introduced) is HERE. 

Explanatory Notes are also published - HERE.  

 

This Bill makes sentencing reforms in line with the recommendations made by the Independent Sentencing Review (ISR) in May 2025. 

Clause 19

is particularly controversial. It amends the Coroners and Justice Act 2009 section 120 (Sentencing Guidelines). 

Clause 19 amends sections 120 and 122 of the 2009 Act to introduce a statutory obligation on the Council to obtain the Lord Chancellor and Lady Chief Justice’s joint approval of all sentencing guidelines prior to issuing them as final, definitive guidelines.

Section 122(5) makes similar provision with specific regard to allocation guidelines. This clause amends section 120(7) and (8), and section 122(5), to provide that the joint consent of the Lord Chancellor and Lady Chief Justice must first be sought and given before any definitive guidelines are issued.

In effect, this gives the Secretary of State for Justice a veto over draft guidelines. The Sentencing Council technically remains independent of government but one suspects that, in practice, it will be looking over its shoulder to gauge likely reaction from the Ministry of Justice. The impact of that on sentencing for particular offences remains to be seen. 

Previous post 22 May 2025 - Sentencing Review Final Report 

Earlier this year there was a difference of opinion between the Council and the Secretary of State over requirements for pre-sentence reports - previous post.  The outcome was the Sentencing Guidelines (Pre-sentence Reports) Act 2025 stating that sentencing guidelines about pre-sentence reports may not include provision framed by reference to different personal characteristics of an offender.

3 September 2025

See A Lawyer Writes (Joshua Rozenberg) - Sentencing Bill published