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<p>Sentencing guidelines are issued by the Sentencing Council for England and Wales,
which is independent of Parliament and Government. When sentencing, courts are required
by law to follow any relevant guidelines, unless satisfied that it would be contrary
to the interests of justice to do so.</p><p> </p><p>Reflecting the principles established
by the Court of Appeal in <em>R v Petherick</em>, the Council’s <em>Imposition of
Community and Custodial Sentences</em> sentencing guideline is clear that, where an
offender is on the cusp of custody, imprisonment should not be imposed where there
would be an impact on dependants which would make a custodial sentence disproportionate
to achieving the aims of sentencing. Even where the impact on dependants would not
make a custodial sentence disproportionate, the <em>Imposition </em>guideline makes
clear that the court should determine the shortest custodial sentence commensurate
with the seriousness of the offence and also requires sentencers to consider whether
a sentence can be suspended. The factors for sentencers to consider which might indicate
circumstances in favour of suspending a custodial sentence include ‘realistic prospect
of rehabilitation’, ‘strong personal mitigation’ and ‘where immediate custody will
result in significant harmful impact upon others’.</p><p> </p><p>Sentencing guidelines
also specify that being a ‘sole or primary carer for dependent relatives’ is a mitigating
factor, which can be taken into consideration by the courts when determining a sentence.
In 2019, the Council issued an expanded explanation for this factor which clarifies
that where custody is unavoidable, consideration of the impact on dependants may be
relevant to the length of the sentence imposed and whether the sentence can be suspended.
It also makes clear that when a court is sentencing an offender who is pregnant, relevant
considerations may include the effect of the sentence on the health of the offender
and the unborn child.</p>
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