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Government officials are set to propose a significant last-minute amendment this week that could rewrite sentencing protocols aimed at ensuring consistency in judicial outcomes. The intent behind the rule change is to mitigate the influence of factors such as age, gender, and ethnicity on sentencing decisions.
Shabana Mahmood, the justice secretary, is preparing to present legislation to Parliament this week, with the goal of nullifying guidelines that are scheduled to take effect in England and Wales on Tuesday.
This emergency legislation, reportedly drafted over the weekend by Ministry of Justice staff, directs judges to disregard the Sentencing Council’s recommendations. Sources indicate that the proposed law is likely to be concise and focused, and ministers aim to push it through both the House of Commons and the House of Lords within a short timeframe, possibly as quickly as 24 hours.
While officials have suggested that the legislation may not be enacted in time to prevent the guidelines from being implemented, Mahmood is hopeful that the bill will be introduced to Parliament on Tuesday.
The guidelines, established by the Sentencing Council for England and Wales, mandate that magistrates and judges consult pre-sentence reports in cases involving individuals from ethnic or religious minorities, along with young adults, survivors of abuse, and pregnant women. This measure was designed to combat bias and reduce rates of reoffending, yet it has faced criticism from both government officials and opposition parties who argue it could result in a “two-tier justice” system.
In a letter earlier this month to Lord Justice Davis, the chair of the Sentencing Council, Mahmood expressed her opposition to the guidelines and declared, “there will never be a two-tier sentencing approach under my watch.”
In response, Davis stood firm, announcing on Friday that a review had deemed the guidelines to be acceptable as they were. He attributed the negative response to a “widespread misunderstanding” of the guidelines’ intentions.
In his correspondence to Mahmood, he emphasized, “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”. He reiterated that the purpose of the council’s guidelines regarding pre-sentence reports was solely to enhance information regarding offenders.
Mahmood responded critically to Davis’s position, labeling it “unacceptable” and reiterated her commitment to introduce legislation if necessary. Prime Minister Keir Starmer echoed her sentiments, expressing disappointment with the council’s stance and adding that “all options are on the table.”
Looking ahead, Mahmood is contemplating a more extensive reform that would empower the government to modify or reject the recommendations of the Sentencing Council before they take effect. To this end, she has initiated a review focused on the structure and authority of the council, with the intent to enhance parliamentary and governmental oversight of its decisions.
Such reforms would likely necessitate new legislation, which could be included in the upcoming sentencing bill expected to be released following a review spearheaded by former Conservative justice secretary David Gauke.
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