Sentencing Council defends modifications after ‘two-tier’ row

The physique advising judges on legal sentences has hit again on the justice secretary’s name for it to scrap new steering on sentencing offenders from ethnic monitories.

The Sentencing Council stated ministers from each main events or their representatives had identified concerning the plans since 2022 and didn’t object.

It comes after Justice Secretary Shabana Mahmood final week wrote to the council urging it to rethink steering directing judges to evaluation the lives of offenders from ethnic minority and different backgrounds earlier than deciding on a punishment.

Opposition politicians had claimed the modifications amounted to a “two-tier justice” system.

Lord Justice William Davis, the chairman of the council, stated that Mahmood’s officers have been absolutely briefed on the plans that had been three years within the making.

He stated that ministers couldn’t “dictate” sentencing and he must take authorized recommendation on Mahmood’s powers over the council’s work.

This raises the weird risk that the physique advising judges on methods to choose may resolve to go to court docket for a ruling on whether or not the minister overseeing justice has any energy to inform judges what to do.

The row was triggered after the Sentencing Council, which advises judges and magistrates on the complexities of jail phrases and group punishments, issued new steering for England and Wales on when a court docket ought to order a pre-sentence report into an offender’s life.

These studies don’t tie the arms of judges however they typically present the court docket with an in depth perception into why a person fell into crime, their threat of reoffending and the probabilities for rehabilitation outdoors of jail.

The brand new tips instructed judges to order a pre-sentence report if the offender is from a minority background, dealing with the opportunity of jail for the primary time, a lady or pregnant.

It additionally urged them to at all times take into account a report in a wider vary of circumstances, together with the place an offender has an habit, is transgender, or has studying difficulties.

Writing to the Sentencing Council final week, Mahmood stated she objected to the brand new guideline, saying: “As somebody who’s from an ethnic minority background myself, I don’t stand for any differential remedy earlier than the legislation.”

That got here after the shadow justice secretary Robert Jenrick described the plan as “two-tier” justice that may drawback white offenders.

However in a six-page letter to Mahmood, the Sentencing Council chair stated the brand new steering aimed to appropriate disparities and had been drawn up after lengthy discussions over how specific kinds of offenders have been being handled in another way to others.

Lord Justice Davis stated that folks from ethnic minorities have been receiving longer sentences and the goal was to make sure that punishments have been extra constant, no matter background.

He stated Conservative and Labour ministers, in addition to their their officers, had not less than 15 alternatives over three years to object to the plan

“I’ve seen it instructed that the rule of thumb instructs sentencers to impose a extra lenient sentence on these from ethnic minorities than white offenders,” he stated. “Plainly that suggestion is totally fallacious.”

The senior choose stated ministerial consultant had been in any respect 15 conferences the place the modifications was mentioned between July 2022 and January 2025.

The general public session on the plans had set out the proposals and Conservative ministers, then in energy, had welcomed the “fuller steering”.

“No concern was expressed concerning the time period now beneath debate,” stated Lord Justice Davis.

Solely eight of 150 responses to the general public session had objected to the specific reference to ethnic minorities.

The choose stated: “At no stage did the Lord Chancellor’s consultant specific any concern or reservation concerning the time period now beneath debate.

“The walk-through of the rule of thumb with officers from the Ministry of Justice occurred on Monday 3 March. Once more no concern was expressed concerning the related time period.”

Whereas ministers have an distinctive energy to intervene within the Sentencing Council’s choices, this has by no means been utilized in a scenario the place new steering had been printed and the federal government had already been extensively consulted and had not objected.

“I shall need to take authorized recommendation as as to whether the facility… applies in these circumstances,” stated the choose.

He continued: “I don’t settle for the premise of your objection to the related a part of the record of cohorts for whom a pre-sentence report will usually be thought of mandatory.

“In legal proceedings the place the offender is the topic of prosecution by the state, the state shouldn’t decide the sentence imposed on a person offender.

“If sentencing tips of no matter variety have been to be dictated in any manner by Ministers of the Crown, this precept can be breached.”