The Sentencing Council ("the Council") is an independent, non-departmental public body established by the Coroners and Justice Act 2009 ("CJA 2009") to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary. Its primary role is to issue guidelines on sentencing, which the courts must follow unless it is in the interests of justice not to do so.
	In an Oral Statement to Parliament on 1 April 2025, the then Lord Chancellor committed to reviewing the role and powers of the Council. This followed the publication of the Council’s Imposition guideline , which contained guidance on the ordering of pre-sentence reports that would have had implications for the principle of equality before the law, and subsequent passage of the Sentencing Guidelines (Pre-sentence Reports) Act 2025 .
	After careful consideration of the current set up, the Government concluded that reform was needed to correct the democratic deficit in the process for developing sentencing guidelines. These measures ensure that there is a stronger democratic and judicial oversight of sentencing guidelines that the Council produces. Specifically, the provisions introduce statutory requirements for the Council to:
A) publish an annual business plan each financial year, which must be approved by the Lord Chancellor before publication; and
B) obtain approval from both the Lord Chancellor and the Lady Chief Justice for all sentencing guidelines before final, definitive guidelines are issued.
	These measures ensure that no sentencing guidelines can be issued without both the Lord Chancellor and the Lady Chief Justice expressly approving them. However, the Lord Chancellor and the Lady Chief Justice may only withhold consent if they consider that it is necessary to do so in order to maintain public confidence in the criminal justice system. This measure does not interfere with the independence of judges in making individual sentencing decisions (including the application of any relevant sentencing guidelines).
Policy background Part 1: Sentencing Sentencing Council for England and Wales