The Sentencing Council has backed down and suspended its guidance on offenders from minorities and vulnerable groups following claims it would introduce a “two-tier justice” system.
It comes after Justice Secretary Shabana Mahmood announced plans to introduce legislation on Tuesday to block the “damaging” guidance, which could have led to criminals receiving different sentences depending on their gender, age, religion and ethnicity.
The new guidelines were due to come into force the same day.
The independent Sentencing Council has said it will delay implementing the new guidance to avoid placing judges in a difficult position.
Downing Street today refused to rule out scrapping the council altogether, but said the focus was on undoing the pre-sentencing guidelines.
Announcing the plans for legislation, Mahmood said: “These guidelines create a justice system where outcomes could be influenced by race, culture or religion.
“This differential treatment is unacceptable – equality before the law is the backbone of public confidence in our justice system.
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“I will change the law to ensure fairness for all in our courts.”
The new guidance for judges stated a pre-sentence report will usually be needed before sentencing someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
Critics said the change could discriminate against those who do not fit into these groups by making a custodial sentence less probable, and shadow Lord Chancellor Robert Jenrick described it as “two-tier justice”.
Pressed on whether abolition of the council was an option, a Government spokesman said: “We’re not going to rush into ruling anything in or out, we need to look at the Sentencing Council and its role carefully and any further changes will be set out in due course.”
The latest guidance from the council includes new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
Former lord chief justice Lord Thomas of Cwmgiedd told BBC Radio 4’s Today programme: “It’s obviously for Parliament to decide what the law is, but these are difficult issues.
“The last thing anyone would want is politicians involved in deciding individual sentences.
“And the last thing the judges would want is deciding ultimately on penal policy, that is for the government.”
Shadow Justice Secretary Jenrick said there should be “guidelines” provided to judges and magistrates on sentencing, but there should also be “a degree of ministerial oversight”.
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