The call for the reversal of planned changes to sentencing guidelines, which would consider the background of offenders from minority groups more heavily when determining whether to imprison them, has sparked controversy. Justice Secretary Shabana Mahmood has expressed her opposition to these changes, arguing against the notion of “two-tier justice.” The Sentencing Council, an independent body sponsored by the Ministry of Justice, had recently released new guidelines aimed at addressing bias and reducing reoffending.
Mahmood, who comes from an ethnic minority background, has vowed to stand against any differential treatment before the law for individuals of any kind. She emphasized her commitment to maintaining equality in sentencing under her watch. The updated guidelines, set to take effect in April, place increased importance on pre-sentence reports to provide judges with comprehensive information about an offender’s background, motives, and personal circumstances.
Shadow justice secretary Robert Jenrick criticized the new guidelines, suggesting they were biased against straight white men. He argued that pre-sentence reports are crucial in steering offenders away from prison sentences. However, official statistics show that offenders from ethnic minorities typically receive longer sentences than white offenders for serious crimes. While the Sentencing Council intended to ensure courts have full details on offenders and maintain consistency in sentencing, critics like Jenrick have raised concerns about a potential “two-tier sentencing approach.”
The Prison Reform Trust supported the changes to sentencing guidelines, noting that there are significant disparities in sentencing outcomes for individuals from minority ethnic backgrounds. The charity’s deputy director, Mark Daly, highlighted the disproportionate custodial sentences faced by minority ethnic groups compared to white individuals for similar offenses. While the debate over the revised guidelines continues, various advocacy groups have welcomed the potential impact of the changes on issues such as imprisoning pregnant women and mothers. Janey Starling, co-director of feminist campaign group Level Up, described the revisions as a significant step towards ending the imprisonment of pregnant women, while Liz Forrester from No Births Behind Bars noted the recognition of the detrimental effects of prison on babies and pregnant women
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