UK (Parliament Politics Magazine) – UK Justice Secretary Shabana Mahmood launches review of Sentencing Council’s powers amid backlash over guidelines favoring ethnic minorities.
As reported by The Guardian, Shabana Mahmood has initiated an inquiry into the Sentencing Council’s authority in England and Wales amid controversy over claims that recent judicial guidelines unfairly advantage white men.
What did Shabana Mahmood write in her letter to Lord Justice Davis?
The Lord Chancellor said she “will be reviewing the role and powers of the Sentencing Council” and may introduce new legislation “if necessary” after the council suggested that ethnicity or faith should play a greater role in sentencing decisions.
In a letter to the chair of the council, Lord Justice Davis, Mahmood wrote,
“I must make clear my displeasure at the direction that this guideline took in recommending differing approaches for those from ethnic minorities, cultural minorities and/or from a faith minority background.”
She continued,
“The guideline states that a pre-sentence report will normally be considered necessary for these cohorts. 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,
adding,
“As someone who is from an ethnic minority background myself, I do not stand for differential treatment before the law like this.”
The Justice Secretary urged Davis to reconsider the guidelines without any delay.
Ms Mahmood wrote,
“I will also be considering whether policy decisions of such import should be made by the Sentencing Council and what role ministers and parliament should play. For that reason, I will be reviewing the role and powers of the Sentencing Council alongside the work of the Independent Sentencing Review. If necessary, I will legislate in the sentencing bill that will follow that review.”
What changes did the sentencing guidance propose?
The policy, proposed to tackle discrimination and lower reoffending, stresses the importance of pre-sentence reports that provide insight into an offender’s history, motivations, and personal life before a verdict is reached.
The reform, scheduled to be implemented on April 1, mandates that judges and magistrates be required to examine a pre-sentence report before ruling on imprisonment for ethnic and religious minorities, young adults, survivors of abuse, and pregnant women.
In England and Wales, Black and minority ethnic communities are significantly overrepresented in the criminal justice system and are more frequently imprisoned and given longer sentences than white individuals.
The process of reviewing sentencing regulations wrapped up last February under the Conservative administration. A previous draft of the guidelines, published last spring, faced criticism from then-Justice Secretary Alex Chalk as “patronising.”
What did Sarah Jones say about the sentencing guidance?
Sarah Jones, the industry minister, stated on Thursday morning that the government opposed the sentencing guidance released on Wednesday.
She said,
“We disagree with this decision. I think it’s really important in the country that people are trusting in the justice system that we have and that means you can’t have a two-tier system, it has to be fair, it has to be equal to everybody and so we have asked them to think again about this guidance.”
What did critics say about the sentencing guidelines?
Opponents, including a close ally of Donald Trump, slammed Keir Starmer as “Two-Tier Keir,” alleging that he took a stricter approach against far-right and anti-immigration rioters after the Southport stabbing.
Robert Jenrick, Shadow Justice Secretary, raised concerns over the guidelines, warning that their “blanket approach” could result in women and ethnic minorities receiving fewer custodial sentences.
Mr Jenrick stated,
“What these sentencing guidelines do is adopt a blanket approach. They say that if you’re a woman, if you’re trans, if you’re neurodiverse, if you’re an ethnic minority, if you’re someone from a minority faith group … then the judge is required to commission a pre-sentencing report, a report which in many cases leads to a lesser sentence.”
Kemi Badenoch, the Tory leader, pressed Ms. Mahmood to revise the law, arguing that the Conservatives “will back her.”
What did Lord Justice Davis say in defense of the guidelines?
Defending the guidance on Wednesday, Lord Justice Davis said,
“The reasons for including groups vary but include evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in circumstances of individual offenders that can only be understood through an assessment.”
He added,
“Pre-sentence reports provide the court with information about the offender; they are not an indication of sentence.”
What did the Prison Reform Trust deputy director say about the sentencing guidelines?
Meanwhile, deputy director of the Prison Reform Trust charity, Mark Day, called the reforms a “storm in a teacup”.
He stated,
“A pre-sentence report (PSR) is simply a way of getting detailed information about an individual’s personal circumstances and background so that the court is informed and able to pass the most effective sentence possible.”
Latest data reveal about pregnant women in prisons
The new guidelines focus on preventing pregnant women and mothers of infants under one year old from being incarcerated. Official figures reveal that 215 pregnant women were imprisoned in England between April 2023 and March 2024, and 53 children were born to mothers in custody during the time frame.