The new guidelines from the Sentencing Council are under scrutiny as critics argue they could lead to a “two-tier” justice system. Justice Secretary Shabana Mahmood has expressed concerns about the council’s advice to judges in England and Wales to consider the backgrounds of offenders from ethnic minority and other communities before sentencing them.
In response to the criticism, the Sentencing Council, an independent body sponsored by the government, has agreed to revisit the objections raised by Mahmood. However, they have not made any immediate decisions to reverse their course. Mahmood has been vocal in her opposition to the guidelines, emphasizing that she will not tolerate any form of “differential treatment before the law.”
Following a meeting between the Justice Secretary and Sentencing Council leaders, Mahmood indicated that she would provide a more detailed position in a letter. The council has agreed to review her letter before the guidelines are scheduled to take effect in April. Shadow Justice Secretary Robert Jenrick has also criticized the reforms, arguing that they might disadvantage white offenders.
Mahmood has threatened to introduce new legislation to override the Sentencing Council if necessary, leading to a standoff between the Ministry of Justice and the advisory body. The Council, in response to the criticisms, has emphasized that the government cannot dictate sentencing guidelines. Lord Justice Davis, the Council’s chair, has highlighted that the aim of the new guidelines is to address disparities in sentencing that result in ethnic minorities receiving longer sentences compared to white offenders. A review of the Council’s role and powers will coincide with the ongoing review of sentencing being led by former Tory minister David Gauke
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