Evaluation of the Sentencing Council’s breach offences guidelines

The Sentencing Council (UK}

The breach guidelines evaluation looks at seven guidelines covering breaches of court orders by adult offenders: 

• Breach of a community order 

• Breach of a suspended sentence order 

• Breach of a protective order

• Failure to surrender to bail

• Breach of a criminal behaviour order

• Fail to comply with notification requirements

• Breach of a sexual harm prevention order  

The Sentencing Council for England and Wales was set up in 2010 and produces guidelines for use by all members of the judiciary when sentencing after conviction in criminal cases. The Council promotes a clear, fair, and consistent approach to sentencing by issuing sentencing guidelines and explanatory materials. It has a statutory duty to monitor these sentencing guidelines and to draw conclusions from the information obtained (s128 Coroners and Justice Act 2009). In 2018, the Council issued a comprehensive package of guidelines covering 11 types of breach to consolidate and improve guidance for breach of court orders. These guidelines apply to sentences for adult offenders (those aged 18 or over at the time of sentence). Compliance with court orders is important to ensure public confidence in the justice system, and in many cases to protect individuals or the wider public from harm, either from specific types of offending or continuing criminal behaviour. Legislation provides that court orders can be enforced by the courts to ensure appropriate sanctions are imposed where the purpose of the order is undermined by noncompliance, or the ‘breach’ of an order. The development of the breach guidelines followed the implementation in 2017 of the Imposition of community and custodial sentences guideline (‘Imposition’ guideline). This was published in response to an observed trend of decreasing volumes of community orders (COs) and increasing volumes of suspended sentence orders (SSOs), rather than a decrease in volumes of immediate custodial sentences, which was the expected consequence of introducing the suspended sentence provisions in 2005. Evidence considered at the time indicated that a potential reason for this was that, in some cases, suspended sentences were being imposed as a more severe form of community order. The Council therefore considered it necessary to first develop a guideline for the imposition of these sentences. This came into force in February 2017. A package of breach guidelines was then developed to include breach of COs and SSOs, as well as other breaches of court orders to provide comprehensive, consolidated guidance for sentencers in court and a consistent approach to sentencing

London: The Sentencing Council, 2025. 54p.