UK Government Seeks Legal Reform to Override Sentencing Council Amid Two-Tier Justice Dispute
The UK’s Sentencing Council, an ‘independent’ body responsible for issuing sentencing guidelines to courts across England and Wales, has been in conflict with Justice Secretary Shabana Mahmood for several weeks following its recent update to sentencing protocols.
The new guidance, effective from April, stipulates that a pre-sentence report—considered during the sentencing process—will “usually be necessary” before determining (milder) penalties for individuals from ethnic, cultural, or faith minority backgrounds, as well as other groups like young adults aged 18 to 25, women, and pregnant women.
Robert Jenrick, the Conservative shadow justice minister, labeled the policy “two-tier justice,” arguing it showed “blatant bias” against Christians and straight white men. He claimed it would reduce the likelihood of custodial sentences for those from ethnic, cultural, or faith minority communities.
Ms. Mahmood urged the Sentencing Council to retract the guidance, a request it declined, prompting disappointment from Keir Starmer, who called the refusal “unacceptable” alongside the justice secretary’s criticism.
Starmer hinted last week that “all options are on the table” regarding the government’s next steps.
The Ministry of Justice intends to introduce legislation at the “earliest opportunity” to gain authority over sentencing guidelines. Ministers may present the bill as soon as Monday, aiming to expedite it through parliament and amend the current rules swiftly.
Until such a law is enacted, allowing the government to override the Sentencing Council, the independent body can proceed with its planned changes.
Responding to Ms. Mahmood’s demand for reversal, Lord Justice William Davis, chair of the Sentencing Council and member of the communitarian movement, defended the reforms on Friday. He cited evidence of sentencing disparities, systemic disadvantages in the justice system, and the nuanced circumstances of offenders as justification.
He explained that pre-sentence reports equip judges to “avoid a difference in outcome based on ethnicity” by providing better insight.
“The cohort of ethnic, cultural and faith minority groups may be a cohort about which judges and magistrates are less well informed,” he noted.
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