The consultation seeks views on proposed changes to guidance governing community orders and custodial sentences
The Sentencing Council has launched a public consultation on proposed amendments to its guideline covering the imposition of community and custodial sentences, inviting responses from stakeholders and the wider public.
The consultation focuses on revisions to the guideline that helps courts decide when a community order or custodial sentence is appropriate. The proposed changes form part of the Council’s ongoing work to ensure sentencing guidance remains clear, consistent and aligned with current legislation and sentencing practice.
According to the Sentencing Council, the consultation seeks views on proposed amendments to the Imposition of Community and Custodial Sentences guideline following changes introduced by the Sentencing Act 2026. The Council said the amendments are intended to ensure the guideline reflects the updated legislative framework before a revised version is finalised.
The consultation follows wider developments relating to sentencing guidance in England and Wales. The Sentencing Council previously published a revised version of the Imposition of Community and Custodial Sentences guideline in March 2025 following earlier consultation processes. Subsequent legislative changes required amendments to ensure compliance with the Sentencing Guidelines (Pre-Sentence Reports) Act 2025. The amended guideline came into effect on 1 September 2025.
The Council has stated that the consultation aims to gather views on the proposed revisions before any final decisions are made. Responses will help inform the development of the definitive guideline, which courts are required to follow unless doing so would be contrary to the interests of justice.
Sentencing guidelines play a significant role in promoting consistency across courts in England and Wales. They provide judges and magistrates with a framework for determining appropriate sentences while allowing them to consider the specific circumstances of individual cases. The outcome of the consultation will contribute to the future direction of guidance governing the use of community orders, suspended sentences and immediate custodial sentences