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Justice Secretary Questions New Sentencing Guidelines Amid Controversy

Justice Secretary Shabana Mahmood has announced plans to reevaluate the powers of the Sentencing Council, indicating potential legislative action in response to the contentious new sentencing guidelines set to take effect next month in England and Wales. These guidelines propose that an offender’s ethnicity or faith could be weighed more heavily in judicial decisions regarding incarceration.

While the government cannot directly overturn the guidelines, Mahmood expressed her concerns in a letter to the Chairman of the Sentencing Council, urging a prompt reconsideration of the changes. This development has ignited a debate among lawmakers and legal experts regarding equity and fairness in the criminal justice system.

Conservative shadow justice secretary Robert Jenrick criticized the new rules, labeling them as “anti-white” and “anti-Christian,” and warned of creating a “two-tier justice” system. He has stated his intention to legally challenge the guidelines if the government does not intervene.

The Sentencing Council defended its position, asserting that the updated guidance aims to provide courts with the most comprehensive data necessary for fairly determining sentences and addressing disparities within the justice system. According to official statistics, individuals from ethnic minority backgrounds tend to receive longer sentences for similar indictable offences compared to their white counterparts. These discrepancies have been attributed to various factors, including the types of offences committed by different ethnic groups.

Furthermore, a Ministry of Justice analysis noted that the shorter sentences for white offenders might result from higher rates of guilty pleas within that demographic. Mahmood articulated her dissatisfaction with the new guidelines in her correspondence, stating that, as a member of an ethnic minority herself, she is opposed to any form of differential treatment under the law.

As part of her review, Mahmood signaled her intent to assess whether the Sentencing Council should play a more significant role in policy-making, particularly for issues of this nature. Additionally, a review of the council’s role will coincide with an ongoing assessment of sentencing practices led by former Conservative minister David Gauke.

Prime Minister Sir Keir Starmer, who previously served on the Sentencing Council as the director of public prosecutions, voiced his concerns over the new guidelines. The updated guidance emphasizes the necessity of pre-sentence reports, which offer judges insights into an offender’s history and circumstances before determining a sentence. However, the utilization of these reports has diminished in recent years.

Judicial authorities are being advised to obtain pre-sentence reports, especially for offenders belonging to ethnic or faith minority groups, as well as for other vulnerable populations such as young adults, survivors of abuse, and pregnant women. This requirement is not exhaustive, meaning that judges may still seek these reports for individuals outside these specified categories.

The Sentencing Council consulted with the previous Conservative government on these changes between late 2023 and early 2024. In light of the current controversy, Jenrick noted that there was no directive from the government mandating the council to explore this issue at that time. He recalled that the then-justice secretary Alex Chalk had dismissed the concept as “ridiculous and patronizing.”

Conservative leader Kemi Badenoch has also voiced her opposition to the proposed sentencing guideline revisions, arguing that they should be completely scrapped. She hinted that the timing of these discussions might be influenced by perceptions of the current Labour government’s stance on such matters.

Mark Daly from the Prison Reform Trust defended the necessity of the proposed changes, stating, “There are very good reasons for them.” He emphasized on Radio 4’s The World Tonight that the adjustments reflect the reality of disproportionate outcomes related to sentencing, particularly noting that individuals from minority ethnic backgrounds are more likely to receive custodial sentences for similar offences, particularly in categories such as drug-related crimes.

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