Government sources have revealed that the Sentencing Council is expected to temporarily halt guidelines that recommend judges take into account the backgrounds of offenders from ethnic minority and other groups when determining sentences. This decision follows the government’s announcement of an emergency law to override the guidance, which sparked concerns about “two-tier justice.” Originally scheduled to take effect in England and Wales on Tuesday, the guidelines faced opposition from the government, leading to the intervention.
Despite the government’s plans to pass legislation to counter the guidelines, sources indicate that it would be challenging to complete this process before Easter. Conservative shadow justice secretary Robert Jenrick criticized the Sentencing Council for yielding to pressure after he threatened legal action against the guidelines. The guidelines suggest that magistrates and judges obtain a pre-sentence report detailing an offender’s background before sentencing individuals from specific demographics like ethnic or faith minorities, as well as other groups like young adults, abuse survivors, and pregnant women.
Official statistics highlight the disparities in sentencing outcomes between offenders from ethnic minorities and white offenders for indictable offenses. In response to the controversy, the prime minister stated that the government would expedite the legislation to reverse the new guidelines. The proposed bill seeks to clarify that sentencing reports should not discriminate against specific demographics. However, with limited time for parliamentary debate and approval before the Easter recess, the passage of the bill remains uncertain.
Justice Secretary Shabana Mahmood emphasized the importance of equality in the justice system and expressed concerns about differential treatment based on race, culture, or religion. While some government officials advocated for swift passage of the law, others raised worries about potential obstacles in the House of Lords. The debate surrounding the guidelines intensified after Conservative shadow justice secretary Jenrick criticized them as biased, prompting a response from Mahmood emphasizing equality before the law. The Sentencing Council, established in 2010 to promote consistency in sentencing, has come under scrutiny for its controversial guidelines
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