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The recent intervention by Shabana Mahmood to suspend new sentencing guidelines has been labeled as “dangerous” and a “deliberate step backwards” by prominent legal figures and prison advocacy groups.
The Society of Black Lawyers has characterized the Sentencing Council’s suspended guidelines as essential to achieving “equal treatment” after a history marked by “racist two-tier policing” lasting centuries.
Pavan Dhaliwal, the director of Revolving Doors, criticized the lord chancellor’s decision, stating that halting pre-sentencing reports for minority groups dismisses the realities of inequality and lived experiences within the justice system.
On Monday, the Sentencing Council announced the suspension of guidelines intended for England and Wales that emphasized the need for pre-sentencing assessments based on a defendant’s age, gender, and ethnicity, following the justice secretary’s intervention, which suggested overriding these recommendations through emergency legislation.
Mahmood informed MPs of plans to reassess the role of the Sentencing Council amid the controversy surrounding the suspended guidelines and expressed a commitment to addressing “very real inequalities” faced by individuals within the legal framework. “More effort must be made to comprehend the complexities and rectify the issues we confront,” she remarked.
She pointed out ongoing measures within the justice system aimed at better representation, noting the increase in ethnic minorities in the judiciary from 7% ten years ago to the current 11%.
The reversal came just hours before the guidelines were set to be implemented and followed tensions with the Ministry of Justice, which planned to introduce legislation aimed at nullifying the new rules.
Critics, including shadow justice secretary Robert Jenrick, have characterized the guidelines, originally drafted under a Conservative administration, as indicative of a flawed two-tier justice system.
Peter Herbert, chair of the Society of Black Lawyers, called the pursuit of equality in treatment long overdue and clarified that their aim is not preferential treatment, but equal justice for all.
Dhaliwal reiterated the serious implications of the decision to block these guidelines, suggesting that disregarding issues of race and inequality in sentencing poses significant risks to fairness. He stated, “Neglecting to acknowledge these disparities contradicts the essential understanding of our justice system and the ongoing challenges we face.”
Data indicates that Black and minority ethnic individuals are disproportionately represented throughout the criminal justice process in England and Wales, facing higher rates of incarceration and longer sentences compared to their white counterparts.
The Sentencing Council, comprised of esteemed legal professionals, believed that the suspended guidelines would promote equity in treatment across different ethnic groups within the judicial system.
These guidelines were set to become mandatory for judges to consider pre-sentencing reports unless deemed unnecessary, particularly for specific vulnerable groups.
Keir Monteith, a leading Black barrister, criticized the political dispute over the guidelines, arguing that attempts to frame it as two-tier justice were manufactured and misleading. He emphasized that the original intent of the guidelines was to ensure that all offenders received fair and informed sentencing.
Janey Starling, co-director of the gender justice group Level Up, suggested that Mahmood’s alignment with Jenrick’s aims constitutes a troubling political tactic aimed at garnering favor with certain voter demographics.
In a statement to the House of Commons, Mahmood acknowledged the need for a thorough evaluation of the Sentencing Council’s role and the protocol for establishing such guidelines, promising to pursue further legislation as necessary. “This matter requires careful consideration and, should new legislation be pertinent, I intend to propose it within the forthcoming sentencing bill,” she stated.
Labour MP Diane Abbott expressed astonishment at Mahmood’s approach regarding the retracted guidelines, questioning whether she believes judges to be influenced by non-binding guidelines in sentencing marginalized defendants.
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www.theguardian.com