Key Legislation
The statutes governing criminal sentencing in England and Wales
Criminal sentencing in England and Wales is governed by a combination of primary legislation (Acts of Parliament), secondary legislation (Statutory Instruments), and the definitive guidelines issued by the Sentencing Council. The following is an annotated list of the most important statutes. All links lead to the official text on legislation.gov.uk.
Sentencing Act 2020
The principal sentencing statute for England and Wales. Consolidates sentencing law into a single Act, covering the purposes of sentencing, community orders, custodial sentences, fines, and ancillary orders. Replaced the scattered provisions previously found across multiple Acts.
Criminal Justice Act 2003
Contains important provisions on release, recall, and extended sentences that have not yet been fully consolidated into the 2020 Act. Key sections cover automatic release, home detention curfew, and the dangerous offender provisions.
Powers of Criminal Courts (Sentencing) Act 2000
Largely consolidated into the Sentencing Act 2020, but some residual provisions remain in force. Historically the main sentencing code before the 2020 consolidation.
Coroners and Justice Act 2009
Established the Sentencing Council for England and Wales and created the statutory framework for sentencing guidelines. Section 125 requires courts to follow definitive guidelines unless it would be contrary to the interests of justice.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
Introduced mandatory life sentences for a second listed offence ("two strikes"), removed the cap on magistrates' court fines, and amended release provisions for certain categories of prisoner.
Offender Rehabilitation Act 2014
Extended post-release supervision to short-sentence prisoners (under 2 years). Introduced 12 months of post-sentence supervision (PSS) in the community. Part of the "Transforming Rehabilitation" programme.
Criminal Justice and Courts Act 2015
Created new offences (including sharing of private sexual images) and amended sentencing provisions. Originally introduced a criminal courts charge, which was subsequently abolished following criticism.
Proceeds of Crime Act 2002
Governs confiscation orders, restraint orders, and the recovery of criminal assets. The Crown Court can make a confiscation order to recover the financial benefit an offender obtained from criminal conduct.
Victims and Prisoners Act 2024
Strengthens victims' rights within the criminal justice system. Reforms the Parole Board process. Contains provisions for the resentencing of prisoners serving sentences of Imprisonment for Public Protection (IPP), addressing long-standing concerns about this abolished but still-active sentence type.
Counter-Terrorism and Sentencing Act 2021
Introduced minimum custodial sentences for serious terrorism offences. Extended licence periods for terrorist offenders. Restricted early release provisions for offenders convicted of terrorism-related crimes.
Police, Crime, Sentencing and Courts Act 2022
Increased maximum sentences for several offences, including assaults on emergency workers (Harper's Law). Extended the availability of whole life orders. Amended release provisions for serious violent and sexual offenders.
Serious Crime Act 2015
Covers serious crime prevention orders, updated computer misuse offences, and the offence of participating in the activities of an organised crime group. Amended the Proceeds of Crime Act 2002.
Further Reading
For a searchable legislation library with section-level navigation, visit Sentencing.uk's Legislation pages. For guidance on how sentencing guidelines interact with legislation, see our How Sentencing Works guide.
The Sentencing Council publishes definitive guidelines that courts must follow when applying these statutes. The Law Commission periodically reviews areas of sentencing law and makes recommendations for reform.