The Sentencing Council has today published a response to the fifth annual consultation on miscellaneous amendments to sentencing guidelines. The response document sets out the changes that will be made to guidelines and can be found here.
The changes will be made in July and will be effective from 13 July 2026.
The annual consultations consider potential changes to guidelines arising from various sources including case law, changes to legislation and feedback from sentencers. In this way the Council aims to ensure that sentencing guidelines remain clear and up to date.
The responses to this consultation have led us to refine the proposals, the full details of which are set out in the response document and are summarised below
The magistrates’ courts sentencing guidelines have included five pages of simple guidelines for non-imprisonable motoring offences in a table format entitled “Motoring offences appropriate for imposition of fine or discharge”. These will now be presented as simple individual guidelines rather than in a table.
In addition to the change of format, minor clarificatory changes will be made to the following simple guidelines:
- No excise licence,
- Use of a mobile telephone while driving,
- Fail to comply with traffic sign (endorsable),
- Fail to comply with traffic sign (non-endorsable),
- Weight, position or distribution of load or manner in which load secured involving danger of injury, and
- Weight, position or distribution of load or manner in which load secured involving danger of injury – goods vehicle (over 3.5 tonnes).
New simple guidelines will be added for the following offences:
- Using an untaxed vehicle with a SORN on a public road,
- Failed payment of vehicle excise duty,
- Keeping a vehicle which does not meet insurance requirements,
- Drive a vehicle when the registration mark fails to conform with regulations,
- Drive a vehicle other than on the carriageway of a motorway, and
- Use of mobile telephone while driving – goods vehicle (over 3.5 tonnes)
A full new guideline will be added for the offence of Driving after refusal or revocation of licence because of disability or prospective disability contrary to section 94A of the Road Traffic Act 1988.
Changes will also be made to the following guidelines for offences that can be dealt with in magistrates’ courts and the Crown Court:
- Fraud: adding a reference to gain made or intended by the offender as part of the harm assessment
- Reduction in sentence for a guilty plea: clarifying that disqualification from driving is not subject to a guilty plea reduction
- Strangulation or suffocation: clarifying the wording of the high harm factor