When a defendant pleads guilty or is found guilty after a trial, the court must decide what sentence to impose. This decision is not arbitrary. It follows a structured process set out in legislation and guided by the definitive guidelines published by the Sentencing Council. The aim is consistency: similar offences committed in similar circumstances should attract similar sentences, regardless of which court or which judge is involved.

This guide explains how that process works, from the moment of conviction through to the pronouncement of sentence.

The Sentencing Process

After a guilty plea or a guilty verdict, the court moves to sentencing. In many cases, particularly where the defendant has pleaded guilty to a less serious offence, sentencing takes place on the same day. For more serious offences, or where the court needs more information, the case may be adjourned.

Before passing sentence, the court may order a pre-sentence report (PSR) from the National Probation Service. This report assesses the offender's background, the circumstances of the offence, the risk of reoffending, and the most appropriate sentence. The report helps the court tailor its sentence to the individual. In the Crown Court, a PSR is almost always prepared for serious offences, particularly where custody is being considered.

At the sentencing hearing, both the prosecution and the defence have the opportunity to address the court. The prosecution outlines the facts and any relevant previous convictions. The defence makes a plea in mitigation: the advocate highlights factors that may reduce the severity of the sentence, such as personal circumstances, remorse, or cooperation with the investigation.

The Role of Guidelines

The Sentencing Council publishes definitive guidelines for most criminal offences. Every court in England and Wales must follow these guidelines unless it would be contrary to the interests of justice to do so. In practice, departures from the guidelines are rare and must be explained in open court.

Each guideline provides a structured framework for determining the appropriate sentence. The judge or magistrate works through the guideline step by step, starting with the assessment of culpability and harm. For a full list of offence-specific guidelines, see Sentencing.uk's offence pages.

Culpability and Harm

At the heart of every sentencing guideline is a two-axis framework based on culpability and harm. Culpability measures the offender's level of responsibility for the offence: was it intentional, reckless, or negligent? Harm measures the impact of the offence on the victim and the wider community.

Culpability is typically graded as A (high), B (medium), or C (lower). Some guidelines use descriptors such as "High," "Medium," and "Lower" instead. The guideline for each offence sets out the factors that place an offender in each category. For example, planning and premeditation point to higher culpability. Acting on impulse or under pressure from others may indicate lower culpability.

Harm is typically graded as Category 1 (most serious), Category 2, or Category 3 (least serious). The harm assessment looks at the actual consequences of the offence, the risk of harm, and (for some offences) the value of property involved.

The intersection of culpability and harm produces a sentencing table: a grid that identifies the starting point for the sentence.

Starting Point and Category Range

Once the court has identified the offence category from the sentencing table, it finds two key figures: the starting point and the category range. The starting point is the default sentence for an offence of that type and severity. The category range provides the floor and ceiling within which the sentence should normally fall.

For example, a guideline might specify a starting point of 2 years' custody with a category range of 1 to 4 years. The court begins at the starting point and then adjusts upward or downward based on the specific features of the case.

The court may go outside the category range where there are exceptional circumstances, but it must explain its reasons.

Aggravating and Mitigating Factors

After identifying the starting point, the court considers factors that make the offence more serious (aggravating) or less serious (mitigating).

Statutory aggravating factors are set out in legislation and must be treated as increasing the seriousness of the offence:

• Previous convictions, having regard to their nature and relevance
• The offence was committed while on bail
• Racial, religious, disability, sexual orientation, or transgender hostility

Common aggravating factors found in guidelines include:

• Planning and premeditation
• Targeting a vulnerable victim
• Offending as part of a group
• Abuse of trust or position of authority
• Use of a weapon
• Offence committed under the influence of alcohol or drugs

Common mitigating factors include:

• No previous convictions or relevant recent convictions
• Good character and exemplary conduct
• Mental health conditions or learning difficulties
• Genuine remorse
• Age and lack of maturity
• Sole or primary carer for dependent relatives
• Cooperation with the investigation or prosecution

The Guilty Plea Reduction

A defendant who pleads guilty is entitled to a reduction in sentence. The amount of the reduction depends on when the plea was entered. The Sentencing Council's Reduction in Sentence for a Guilty Plea guideline (2017) sets out the framework:

• Guilty plea at the first reasonable opportunity: up to one-third reduction
• After the first reasonable opportunity but before the trial: a sliding scale from one-quarter down to one-tenth
• At the door of the court or on the day of trial: maximum one-tenth reduction
• After the trial has begun: no reduction

The "first reasonable opportunity" is usually the first hearing at which the defendant could have been expected to indicate a guilty plea. In the magistrates' court, this is typically the first hearing. In the Crown Court, it is the plea and trial preparation hearing (PTPH).

The guilty plea reduction is applied after the court has determined the sentence it would have imposed following a trial. For more on how this works in practice, see Sentencing.uk's Guilty Plea Calculator.

The Sentencing Council

The Sentencing Council is an independent, non-departmental public body established by the Coroners and Justice Act 2009. Its primary function is to issue sentencing guidelines for use by all criminal courts in England and Wales.

The Council consults publicly before issuing definitive guidelines. Its members include judges, magistrates, prosecutors, defence practitioners, victims' representatives, police, academics, and lay members. The Lord Chief Justice chairs the Council.

In addition to offence-specific guidelines, the Council publishes overarching guidelines that apply across all offences, including guidelines on totality (where an offender is sentenced for multiple offences), on the reduction for guilty pleas, and on sentencing children and young people.

After Sentence

Once sentence is pronounced, both the defendant and (in certain circumstances) the prosecution have the right to challenge it.

Appeal by the defendant: From the magistrates' court, the defendant may appeal to the Crown Court within 21 days. This is a complete rehearing (a de novo hearing). From the Crown Court, the defendant may apply to the Court of Appeal within 28 days. Permission (leave) to appeal is required, and the applicant must show that the sentence was wrong in principle or manifestly excessive.

Unduly Lenient Sentence scheme: Any member of the public can ask the Attorney General to review a Crown Court sentence if they believe it is unduly lenient. The request must be made within 28 days of sentencing. If the Attorney General agrees, they may refer the case to the Court of Appeal, which has the power to increase the sentence. The scheme only applies to specified serious offences.

For more on what happens after sentencing, see our Your Rights page. For details on appeal routes, early release, and licence conditions, see Types of Sentence.