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| Keir Starmer says all options on table in ‘two-tier’ row with Sentencing Council | |
| (about 1 hour later) | |
| PM said ministers would consider next steps over guidance for judges in England and Wales aimed at tackling bias | PM said ministers would consider next steps over guidance for judges in England and Wales aimed at tackling bias |
| The prime minister has signalled he is prepared to change the law to stop the introduction of “two-tier” sentencing guidelines, after an arm’s-length body resisted pressure to scrap them. | |
| Keir Starmer said “all options are on the table” after the Sentencing Council for England and Wales refused to back down despite pressure from ministers. | Keir Starmer said “all options are on the table” after the Sentencing Council for England and Wales refused to back down despite pressure from ministers. |
| The row concerns new guidance aimed at tackling bias and reducing reoffending, which 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, due to come into force on 1 April, magistrates and judges would be asked to consult the 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, due to come into force on 1 April, magistrates and judges would be asked to consult the 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. |
| Critics including Robert Jenrick, the shadow justice secretary, said the guidelines amounted to discrimination against white men. | Critics including Robert Jenrick, the shadow justice secretary, said the guidelines amounted to discrimination against white men. |
| Shabana Mahmood, the justice secretary, said she was considering next steps after the Sentencing Council’s “unacceptable” response and would “legislate if necessary”. | Shabana Mahmood, the justice secretary, said she was considering next steps after the Sentencing Council’s “unacceptable” response and would “legislate if necessary”. |
| Mahmood wrote to the chair of the council, Lord Justice Davis, earlier this month calling for the change to be scrapped and saying there would “never be a two-tier sentencing approach under my watch”. | Mahmood wrote to the chair of the council, Lord Justice Davis, earlier this month calling for the change to be scrapped and saying there would “never be a two-tier sentencing approach under my watch”. |
| But Davis responded on Friday that the council had concluded “the guideline did not require revision” and blamed a “widespread misunderstanding” for the backlash. | But Davis responded on Friday that the council had concluded “the guideline did not require revision” and blamed a “widespread misunderstanding” for the backlash. |
| Downing Street rejected claims that Mahmood was humiliated by the council’s refusal to back down, Starmer telling broadcasters on Friday that Mahmood was “obviously continuing to engage on this, and we’re considering our response”. | Downing Street rejected claims that Mahmood was humiliated by the council’s refusal to back down, Starmer telling broadcasters on Friday that Mahmood was “obviously continuing to engage on this, and we’re considering our response”. |
| He added: “All options are on the table, but I’m disappointed at this outcome, and now we will have to consider what we do as a result.” | He added: “All options are on the table, but I’m disappointed at this outcome, and now we will have to consider what we do as a result.” |
| The disagreement throws into question the future role of the Sentencing Council at a time when a cross-government campaign to reduce the power of quangos is under way. | The disagreement throws into question the future role of the Sentencing Council at a time when a cross-government campaign to reduce the power of quangos is under way. |
| In his letter to Mahmood, Davis 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 his letter to Mahmood, Davis 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. | 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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| Earlier this month Mahmood had argued that access to a pre-sentence report “should not be determined by an offender’s ethnicity, culture or religion”. | Earlier this month Mahmood had argued that access to a pre-sentence report “should not be determined by an offender’s ethnicity, culture or religion”. |
| She asked the council 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 the council 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”. |
| Black and minority ethnic communities are overrepresented 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. | Black and minority ethnic communities are overrepresented 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 government has launched a drive to reduce the number and influence of arm’s-length government bodies, with Starmer arguing that the state was becoming “passive”. |