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Sentencing offenders with mental disorders, developmental disorders, or neurological impairments

s.120 Coroners and Justice Act 2009 · Crown Court / Magistrates

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Sentencing framework

This guideline applies when sentencing offenders who experience mental disorders or impairments. It emphasizes an individualized assessment of culpability and the potential impact of these disorders on sentencing outcomes, with options for community or mental health treatment orders as alternatives to custody.

Court

Crown Court / Magistrates

The sentencing process, step by step

  1. Step 1 — Assess the offence type and relevant guidelines.
  2. Step 2 — Determine if the offender's impairment impacts culpability.
  3. Step 3 — Assess harm and seriousness of the offence.
  4. Step 4 — Identify suitable sentencing disposals.
  5. Step 5 — Consider community orders or mental health treatment requirements.
  6. Step 6 — If necessary, consider custodial sentence options.

Guideline notes

  • Special consideration must be given to the offender's mental health status, ensuring that a medical report is obtained before passing a custodial sentence.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.