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The Sentencing Council is set to revisit its new guidelines amid criticisms that they may result in a “two-tier” justice system.
Justice Secretary Shabana Mahmood expressed her concerns after the council indicated that judges in England and Wales should increasingly consider the backgrounds of offenders, particularly those from ethnic minority groups, when determining sentences.
On Thursday, the independent Sentencing Council, which operates under government sponsorship, acknowledged the objections raised by Mahmood but stopped short of making immediate changes to its guidelines.
Mahmood emphasized her disapproval of any form of “differential treatment before the law.” A spokesperson for the Ministry of Justice reported that the justice secretary held a “constructive meeting” with leaders of the Sentencing Council, after which she stated her intention to provide a more detailed position in a forthcoming letter.
The Sentencing Council agreed to review this correspondence before the new guideline’s implementation is scheduled for April.
The proposed reforms faced significant criticism from shadow justice secretary Robert Jenrick, who argued in Parliament that these changes would unfairly affect white offenders.
In a decisive move, Mahmood indicated that she would consider enacting a new law to override the council’s guidelines if necessary, signaling potential conflict between the Ministry of Justice and the advisory body responsible for sentencing.
Initially, the Sentencing Council defended its stance, asserting that both major political parties had been informed of the plans for these guidelines since 2022.
In a detailed six-page letter addressed to Mahmood, the chair of the Sentencing Council, Lord Justice Davis, asserted that the government does not possess the authority to dictate sentencing protocols.
Lord Justice Davis explained that the purpose of the new guidelines is to address racial disparities that often lead to longer sentences for individuals from ethnic minority backgrounds compared to their white counterparts.
A review examining the council’s authority and functions is anticipated, which will coincide with an ongoing assessment into sentencing processes led by former Conservative minister David Gauke.
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