Sentencing – Overview, General Principles and Mandatory Custodial Sentences
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance provides an overview of the role of prosecutors in the sentencing process, detailing general principles and mandatory custodial sentences. Key aspects include the basis of plea, the importance of victim personal statements, and the handling of aggravating and mitigating factors during sentencing. Additional areas covered are ancillary orders, the implications of previous convictions, and the requirements for making sentencing notes.
Key points
- The prosecutor ensures fairness to both victims and defendants in the sentencing process.
- The written basis of plea must articulate clear facts for the court.
- Ancillary orders must be considered to protect victim interests.
- Sentencing notes should address relevant statutory limitations.
- The prosecutor must challenge any inaccurate or derogatory assertions in mitigation.
- Public interest factors should guide decision-making in prosecutions.
Public-interest factors
- Ensuring victims' needs are prioritized in sentencing.
- Maintaining public confidence in the justice system.
- Promoting fairness and transparency in legal proceedings.
- Encouraging consistent application of sentencing guidelines.
- Upholding the rights and safety of victims.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.