Sentencing Council to review ‘two-tier’ justice objections
The Sentencing Council will look again at arguments against its new guidelines after critics said they would create a “two-tier” justice system.
The council was criticised by Justice Secretary Shabana Mahmood after saying it would advise judges in England and Wales to increase their focus on the lives of offenders from ethnic minority and other backgrounds before deciding on a punishment.
On Thursday, the Sentencing Council – which is independent but sponsored by the government – said it would look at her objections in detail, but did not commit to reversing course immediately.
Mahmood had criticised the guidelines and said she would not tolerate “differential treatment before the law”.
A Ministry of Justice spokesperson said the justice secretary held a “constructive meeting” with Sentencing Council leaders on Thursday, after which Mahmood said she would “set out her position more fully” in a letter.
The sentencing council agreed to “consider” the letter “before the guideline is due to come into effect” from April.
The reforms were strongly criticised by shadow justice secretary Robert Jenrick when they were published last week. He told the Commons they would disadvantage white offenders.
Mahmood said she would pass a new law to overrule the council if necessary, triggering a stand-off between the Ministry of Justice and the organisation it tasks with advising judges.
Initially the Sentencing Council pushed back against complaints from Mahmood and the Conservatives, and said ministers from both main parties had known about its plans for new guidance for judges since 2022.
In a six-page response to Mahmood issued earlier this week, the Sentencing Council chair said the government could not “dictate” sentencing guidelines.
Lord Justice Davis said the new guidance aimed to correct disparities which lead to people from ethnic minorities receiving longer sentences on average than white offenders.
A review of the council’s role and powers is set to take place alongside the existing review into sentencing being led by former Tory minister David Gauke.
