Justice Secretary vs. Sentencing Council: Clash Over Ethnic Guidelines Raises 'Two-Tier Justice' Concerns

The Sentencing Council, responsible for advising judges in England and Wales, has rejected a call from Justice Secretary Shabana Mahmood to amend its new guidance regarding the sentencing of offenders from ethnic minority backgrounds. Starting from April 1, 2023, the updated guidelines recommend that judges obtain a pre-sentence report for offenders from ethnic, cultural, or faith minority groups, as well as other specified demographics like young adults and pregnant women. This has sparked controversy, with Mahmood labeling the guidance as “unacceptable” and indicative of a potential two-tier sentencing system that could result in differential treatment based on race or culture.

Mahmood expressed deep disappointment over the Sentencing Council’s refusal to revise the guidance, even suggesting that she might resort to legislative action if necessary. She formally communicated her objections in a letter to the council, stressing government policy will not tolerate differential treatment based on ethnicity in judicial procedures. The adequacy of this guidance came into question when shadow justice secretary Robert Jenrick claimed it may lead to lesser prison sentences for ethnic minorities, a claim the council contests.

In a published correspondence, Lord Justice Davis, chair of the Sentencing Council, defended the guidelines, asserting that they do not call for policy changes but merely aim to furnish judges with comprehensive information about offenders, especially from groups that may not be well understood. Davis emphasized that the guidance’s intention is to equip judges to avoid biases in sentencing, asserting the importance of an informed judicial process. The ongoing debate continues as political figures, including Conservative leader Kemi Badenoch, back Mahmood’s stance and call for legislative reforms.