Government’s attempt to prevent ‘two-tier’ sentencing fails

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The Sentencing Council has firmly rejected the justice secretary’s demand to reverse new sentencing guidelines that require judges to consider an offender’s ethnic, cultural, or religious background when determining their sentence. These changes, set to take effect in April, have sparked controversy, with critics warning they could create a “two-tier” justice system by potentially leading to more lenient sentences for ethnic minority and transgender offenders.

 

Lord Justice William Davis, the chairman of the Sentencing Council, has made it clear that the judiciary must remain independent and not be subjected to ministerial influence. In response to Justice Secretary Shabana Mahmood’s letter urging the council to withdraw the guidance, Davis stated that sentencing should not be dictated by the government. The two are set to meet for discussions on the matter.

 

The updated guidelines advise judges to take into account whether an offender belongs to an ethnic, cultural, or religious minority when deciding between a custodial or community sentence. This has drawn sharp criticism from those who argue it undermines the principle of equal treatment under the law. Mahmood, in her letter to Davis, threatened to introduce legislation to override the independent Sentencing Council’s decision if it refused to reconsider the guidance. She also indicated she would review whether the authority to issue sentencing guidelines should be transferred from the council to government ministers.

 

However, Davis firmly rejected these threats, emphasizing the necessity of maintaining judicial independence in sentencing matters. “I respectfully question whether the inclusion of a list of cohorts in the imposition guideline was a policy decision of any significance. However, whatever the import of the decision, it related to an issue of sentencing,” he stated. He also warned, “In criminal proceedings where the offender is the subject of prosecution by the state, the state should not determine the sentence imposed on an individual offender.”

 

Davis further noted that he was seeking legal advice on whether the justice secretary had the authority under the Coroners and Justice Act 2009 to request immediate revisions to the guidelines. “This is not a power which ever has been used to ask the council to revise a guideline immediately after it has been published and which has been the subject of detailed consultation with the Lord Chancellor,” he added.

 

Mahmood has argued that no government minister approved the guidance or was involved in the consultation process. However, Davis countered by stating that the consultation received 150 responses, including from the then-minister for sentencing, and that no concerns were raised about the issue now being debated.

 

He also pointed to evidence showing disparities in sentencing outcomes between white offenders and ethnic minorities, stating that the reasons behind these disparities remain unclear. “The council’s view is that providing a sentencer with as much information as possible about the offender is one means by which such disparity might be addressed,” Davis explained. “I have seen it suggested that the guideline instructs sentencers to impose a more lenient sentence on those from ethnic minorities than white offenders. Plainly that suggestion is completely wrong.”

 

Meanwhile, Robert Jenrick, the shadow justice secretary, has intensified pressure on Mahmood to take decisive action. He called on her to use her powers to replace members of the Sentencing Council, arguing that their stance is unacceptable. “The justice secretary’s tough talk has failed. Unless she acts decisively now, in just 21 days’ time she will preside over a justice system that she concedes is two-tier. That would be completely unacceptable,” he said.

 

Jenrick added, “The individuals on the Sentencing Council behind this two-tier guidance must be removed and replaced with people who believe in equality under the law. The justice secretary should waste no time exercising the powers of appointment over the council that she has.”

As the debate continues, the clash between the government and the judiciary underscores a fundamental tension between political authority and the independence of the courts, with significant implications for the future of sentencing policies in the UK.

 

Based on a report by The Times  2025-03-13

 

 

[loong]

If this results in white people getting harsher sentences for similar crimes, then it is a blatant case of racial discrimination.

Imagine the uproar if non-whites were given harsher sentences because they are non-white!

[mikeymike100]

1 hour ago, loong said:

If this results in white people getting harsher sentences for similar crimes, then it is a blatant case of racial discrimination.

Imagine the uproar if non-whites were given harsher sentences because they are non-white!

Yes definitely, I wonder if the Judges will agree. I mean admitting its racial discrimination is going to open up a while can of worms!

[quake]

All part of the never ending story of broken Britain.

What a laugh.