UK (Parliament Politics Magazine) – Justice Secretary Shabaan Mahmood opposes the sentencing council’s new guidelines, which she fears could introduce a “two-tier” legal system.
Justice Secretary Shabana Mahmood is set to confront the Sentencing Council this week after the body warned her against alleged interference in judicial matters.
The council’s letter comes as Mahmood raises concerns that the proposed sentencing changes could create a biased legal system. The dispute highlights a growing power struggle over judicial decision-making.
Shabana Mahmood’s spokesperson has confirmed that she will meet the Sentencing Council on Thursday to express her concerns over new sentencing guidelines, which she fears could create disparities based on gender and ethnicity.
What did Shabana Mahmood write in her letter to Lord Justice William Davis?
In a formal letter to Lord Justice William Davis, Justice Secretary Shabana Mahmood raised concerns over the Sentencing Council’s decision-making power, stating she is reviewing whether such a policy should fall under its jurisdiction and the involvement of MPs in shaping sentencing policies.
Ms Mahmood wrote,
“A pre-sentence report can be instrumental in assisting courts in the determination of their sentence. But the access to one should not be determined by an offender’s ethnicity, culture or religion.”
Lord Justice Davis’ response to Shabana Mahmood’s letter
In response, Lord Justice Davis defended the Sentencing Council’s stance, stating that it upholds the judiciary’s independent role in sentencing decisions.
He stated,
“I respectfully question whether the inclusion of a list of cohorts in the imposition guideline was a policy decision of any significance,” adding, “However, whatever the import of the decision, it is related to an issue of sentencing.”
Mr Davis further warned, “In criminal proceedings where the offender is the subject of prosecution by the state, the state should not determine the sentence imposed on an individual offender.
He added,
“If sentencing guidelines of whatever kind were to be dictated in any way by ministers of the Crown, this principle would be breached.”
The council head revealed that he is consulting legal experts to determine if the Justice Secretary’s authority under the Coroners and Justice Act 2009 allows for revising sentencing guidelines. If applicable, the issue will be addressed at the next council session.
Lord Justice Davis said,
“This is not a power which ever has been used to ask the council to revise a guideline immediately after it has been published and which has been the subject of detailed consultation with the Lord Chancellor.”
Mr Davis defended the guidelines in response, highlighting that 150 responses were submitted during the consultation process, including one from the then-minister for sentencing, with none objecting to the term now under debate.
He added,
“The council’s view is that providing a sentencer with as much information as possible about the offender is one means by which such disparity might be addressed.”
Mr Davis stated,
“I do not accept the premise of your objection to the relevant part of the list of cohorts for whom a pre-sentence report will normally be considered necessary,” adding, “I have seen it suggested that the guideline instructs sentencers to impose a more lenient sentence on those from ethnic minorities than white offenders. That suggestion is completely wrong.”
New Sentencing guidelines
- Judges must consider a criminal’s ethnicity before deciding their punishment.
- Pre-sentence reports are now required for ethnic, cultural, or faith minorities, young adults (18-25), women, and pregnant women.
- The guidelines allow courts to consider suspending jail time for these groups.
- The Sentencing Council defends the guidelines, citing evidence of sentencing disparities based on ethnicity.
- Legal advice is being sought on whether the Justice Secretary can revise these guidelines under existing laws.