The government has issued a warning to potentially override the body that advises judges in England and Wales amidst a disagreement over how ethnic minority offenders should be sentenced. This dispute arises just days before the implementation of new sentencing guidelines. The Sentencing Council rejected a plea from Justice Secretary Shabana Mahmood to reconsider the upcoming instructions for judges, prompting the government’s response. Mahmood expressed concern that the new guidelines could result in unequal treatment of offenders in courts.
Amidst the standoff, Downing Street conveyed disappointment over the council’s refusal to amend the guidance, hinting at exploring various options, including potential legislation to prevent the changes from taking effect. Shadow justice secretary Robert Jenrick, a critic of the new guidelines, deemed the government’s threat to introduce legislation as inadequate at this point. He highlighted the implications of overseeing a sentencing system that Mahmood herself acknowledged as fostering a two-tier approach starting next Tuesday.
The controversy commenced when the Sentencing Council released updated guidance earlier this month on when a court should order a pre-sentence report to assess an offender’s background. The new guidelines recommend judges to seek a report for offenders from minority ethnic, cultural, or faith groups, as well as other demographics such as young adults, women, and pregnant women. The council defended the guidance as a means to address disparities in sentence outcomes between white and non-white offenders. However, following objections from the Conservative Party, Mahmood sought revisions to the guidelines, emphasizing her commitment to avoiding a dual-tier sentencing system under her leadership.
In a statement published recently, council chair Lord Justice Davis reiterated that the guidelines did not necessitate revision, citing a positive response to a four-month consultation held under the previous Conservative government. While acknowledging the need to address misunderstandings regarding the guidelines, the council indicated plans to offer clarification on the language used in the guidance. Davis clarified that judges should not implement overarching policies to rectify sentencing imbalances based on ethnicity but emphasized the importance of equipping judges with comprehensive offender information. He underscored the necessity for judges to make informed decisions without biases, particularly in cases involving ethnic, cultural, and faith minority groups, where judges may have limited familiarity
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