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| Sentencing Council for England and Wales rejects calls to review ‘two-tier’ justice rules | Sentencing Council for England and Wales rejects calls to review ‘two-tier’ justice rules |
| (33 minutes later) | |
| Justice secretary criticises response and threatens to change law over guidance to judges aimed at tackling bias | Justice secretary criticises response and threatens to change law over guidance to judges aimed at tackling bias |
| The Sentencing Council for England and Wales has rejected demands from Shabana Mahmood, the justice secretary, to review guidelines she called a “two-tier” system of justice. | The Sentencing Council for England and Wales has rejected demands from Shabana Mahmood, the justice secretary, to review guidelines she called a “two-tier” system of justice. |
| Mahmood criticised rules drawn up by the independent body that devises judges’ sentencing guidelines after claims they discriminated against white men. | Mahmood criticised rules drawn up by the independent body that devises judges’ sentencing guidelines after claims they discriminated against white men. |
| But the Sentencing Council announced on Friday it had concluded “the guideline did not require revision” and blamed a “widespread misunderstanding” for the backlash. | |
| The justice secretary said “all options were on the table” and threatened to change the law after the council’s “disappointing” response. The development is a blow to Mahmood, who told the council earlier this month there would “never be a two-tier sentencing approach under my watch”. | |
| It also throws into question the future role of the arms-length sentencing body amid a cross-government campaign to reduce the power of quangos. Mahmood said last month she was considering new laws to restrict the Sentencing Council’s powers after it recommended the changes. | |
| The council’s changed guidance, aimed at tackling bias and reducing reoffending, puts more emphasis on the need for pre-sentence reports, which give details of the offender’s background, motives and personal life before sentencing. | The council’s changed guidance, aimed at tackling bias and reducing reoffending, puts more emphasis on the need for pre-sentence reports, which give details of the offender’s background, motives and personal life before sentencing. |
| Under the change, which is due to come into force on 1 April, magistrates and judges would be asked to consult a pre-sentence report before determining whether to imprison someone of an ethnic or religious minority, as well as young adults, abuse survivors and pregnant women. | Under the change, which is due to come into force on 1 April, magistrates and judges would be asked to consult a pre-sentence report before determining whether to imprison someone of an ethnic or religious minority, as well as young adults, abuse survivors and pregnant women. |
| The changes drew strong criticism from Robert Jenrick, the shadow justice secretary, who said they amounted to discrimination against white men. | The changes drew strong criticism from Robert Jenrick, the shadow justice secretary, who said they amounted to discrimination against white men. |
| The chair of the Sentencing Council, Lord Justice Davis, said in his response to the lord chancellor on Friday that a pre-sentence report did not make a prison sentence less likely. | |
| He wrote: “The rule of law requires that all offenders are treated fairly and justly by judges and magistrates who are fully informed about the offences, the effect on the victims and the offenders. The section of the guideline relating to pre-sentence reports is directed to the issue of information about offenders, no more and no less.” | He wrote: “The rule of law requires that all offenders are treated fairly and justly by judges and magistrates who are fully informed about the offences, the effect on the victims and the offenders. The section of the guideline relating to pre-sentence reports is directed to the issue of information about offenders, no more and no less.” |
| In response, Mahmood said: “I have been clear in my view that these guidelines represent differential treatment, under which someone’s outcomes may be influenced by their race, culture or religion. | |
| “This is unacceptable and I formally set out my objections to this in a letter to the Sentencing Council last week. I am extremely disappointed by the council’s response. All options are on the table and I will legislate if necessary.” | “This is unacceptable and I formally set out my objections to this in a letter to the Sentencing Council last week. I am extremely disappointed by the council’s response. All options are on the table and I will legislate if necessary.” |
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| In her letter to Davis earlier this month, the lord chancellor wrote that access to a pre-sentence report “should not be determined by an offender’s ethnicity, culture or religion” and that “as someone who is from an ethnic minority background myself, I do not stand for differential treatment before the law like this”. | In her letter to Davis earlier this month, the lord chancellor wrote that access to a pre-sentence report “should not be determined by an offender’s ethnicity, culture or religion” and that “as someone who is from an ethnic minority background myself, I do not stand for differential treatment before the law like this”. |
| She asked Davis to reconsider the rules as soon as possible and said she would “also be considering whether policy decisions of such import should be made by the Sentencing Council and what role ministers and parliament should play”. | She asked Davis to reconsider the rules as soon as possible and said she would “also be considering whether policy decisions of such import should be made by the Sentencing Council and what role ministers and parliament should play”. |
| At present, black and minority ethnic communities are over-represented at almost all stages of the criminal justice process in England and Wales, and are more likely to be imprisoned and receive longer sentences than white people. | |
| The consultation process on the sentencing guidance concluded last February, when the Conservatives were still in government. An earlier version of the guidelines, published last spring, was criticised by the then justice secretary, Alex Chalk, as “patronising”. | The consultation process on the sentencing guidance concluded last February, when the Conservatives were still in government. An earlier version of the guidelines, published last spring, was criticised by the then justice secretary, Alex Chalk, as “patronising”. |
| The Labour government has taken steps to reduce the number and influence of arms-length government bodies, with Keir Starmer arguing that the state was becoming “passive”. | The Labour government has taken steps to reduce the number and influence of arms-length government bodies, with Keir Starmer arguing that the state was becoming “passive”. |
| Ministers announced they would abolish NHS England – called the “world’s largest quango” by the government – and Starmer has told cabinet ministers they should stop outsourcing decisions to regulators. | Ministers announced they would abolish NHS England – called the “world’s largest quango” by the government – and Starmer has told cabinet ministers they should stop outsourcing decisions to regulators. |