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The Justice Secretary will now have the authority to veto any proposed changes to sentencing guidelines put forward by an independent public body, as announced by the Justice Department. Shabana Mahmood noted that this adjustment will address the “democratic deficit” by giving her the power to ensure that the Sentencing Council cannot issue new guidelines without her consent. This modification is set to be implemented through the Sentencing Bill, which will be presented in the House of Commons next week.
Both the Justice Secretary and the Lady Chief Justice, who leads the judiciary, will receive individual authorization to approve any future guidelines before they are released by the Sentencing Council. This means that if either official opposes the guidance, it will not be authorized. Additionally, the council will now be required to seek approval from the Justice Secretary to finalize its annual business plan. The Justice Department clarified that these reforms will not impede the independence of judges in making sentencing decisions.
In a statement, Mahmood emphasized that while individual sentencing decisions will remain the responsibility of the independent judiciary, policy formulation should be overseen by elected representatives who are accountable to the public. She asserted the importance of enhancing democratic and judicial oversight over the direction of the Council’s work and the guidelines they publish. These adjustments are part of broader sentencing policy reforms aimed at addressing issues like prison overcrowding, implementing Texas-style earned release sentences, and strengthening community punishments.
The authority granted to the Justice Secretary follows ministerial intervention to prevent updated Sentencing Council guidance earlier this year, which would have required judges to consider the background of offenders from specific minority groups when determining appropriate penalties. Critics from both the government and opposition raised objections to these guidelines, with Conservative shadow justice secretary Robert Jenrick expressing concerns about bias and the potential for “two-tier justice.” Data indicates that individuals from ethnic minorities often receive lengthier sentences for indictable offenses compared to their white counterparts. Despite earlier requests from Mahmood to reassess the guidance, the Council stood by its decision, citing the importance of providing courts with extensive information to support fair judgments. The guidelines were ultimately discarded after ministers implemented emergency legislation to override them
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