The government is set to present a new bill to Parliament this week in response to the Sentencing Council’s decision not to revise its guidelines on how judges should consider the backgrounds of offenders from ethnic minorities before sentencing. Justice Secretary Shabana Mahmood had requested a review of the guidelines, which are due to take effect on Tuesday but faced resistance from the council. Mahmood criticized the guidelines, arguing that they create a “two-tier” justice system by promoting pre-sentence reports for certain groups over others.
Government sources indicated that the new legislation aims to target the specific section of the guidelines that they disagree with. While they hope to expedite the process in Parliament, a Ministry of Justice source acknowledged that the guidelines will still come into effect as planned. Mahmood emphasized the importance of accountability in decision-making regarding pre-sentence reports, stating that differential treatment undermines public trust in the legal system.
Lord Justice William Davis, chair of the Sentencing Council, defended the guidelines as addressing disparities in sentencing outcomes between white and non-white offenders. The government’s response has raised concerns about the council’s role and potential democratic deficits. Discussions are underway for broader changes to sentencing laws later this year, following a review by former Conservative justice secretary David Gauke.
Critics, including Labour’s Lord Falconer, cautioned against hasty emergency legislation to bypass the council, advocating for a more consultative approach. On the other hand, Conservative shadow justice secretary Robert Jenrick criticized Mahmood’s handling of the issue, accusing her of losing control over the justice system. He alleged biases against white individuals and Christians, asserting that her incompetence has eroded confidence in the criminal justice system
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