Justice Secretary Shabana Mahmood faces mounting criticism over her emergency legislation to block new sentencing guidelines, with charities warning the move could lead to more pregnant women being imprisoned and worsen racial disparities in sentencing. Twenty leading organisations including Amnesty International and the End Violence Against Women Coalition have written to Mahmood expressing alarm after she halted Sentencing Council guidance that required judges to consider personal circumstances like pregnancy, parenting status and ethnicity in pre-sentence reports.
The suspended guidelines, which provoked controversy over claims they created a “two-tier justice system,” included specific protections for pregnant defendants noting the severe health risks of imprisoning expectant mothers. Charities point to documented cases of stillbirths and newborn deaths in prisons, arguing the scrapped guidance helped prevent such tragedies by steering judges toward community sentences where appropriate.
Lord Justice Davis, chair of the Sentencing Council, maintains the guidelines were widely misunderstood, designed simply to ensure courts made fully informed decisions rather than show leniency based on personal characteristics. However, Mahmood’s bill frames the issue as preventing differential treatment before the law, stating outcomes should not be influenced by “race, culture or religion.”
The legislation, which reaches committee stage on Wednesday, has drawn fierce criticism from criminal justice reformers. The Prison Reform Trust condemned it as “reckless and clumsy,” while legal advocacy group Justice warned restricting pre-sentence reports would deny judges crucial context about defendants’ backgrounds and vulnerabilities. The Ministry of Justice insists courts retain discretion to request reports in individual cases, though opponents argue removing the formal guidance creates a chilling effect.
The controversy comes amid ongoing concerns about racial disparities in sentencing, highlighted in David Lammy’s landmark 2017 review of the justice system. With the government’s bill advancing rapidly through parliament, campaigners are urging ministers to reconsider what they see as a politically-driven reform that could have dangerous real-world consequences for vulnerable defendants.
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