The UK Justice Secretary is gaining significant new authority. Consequently, Shabana Mahmood will soon possess a powerful sentencing council veto. This change is part of a new government bill. Therefore, the independent Sentencing Council loses its full autonomy. Now, the council cannot issue new guidance alone. Firstly, it must get explicit approval from the justice secretary.
Moreover, the Lady Chief Justice also receives similar power. Essentially, both individuals must approve future guidelines. If either one opposes the guidance, it will fail. This move follows a very public dispute earlier this year. The government and the council disagreed on pre-sentence reports. Announcing the change, Mahmood defended the decision. She stated policy must come from elected parliamentarians.
Furthermore, the council must now seek ministerial approval. Specifically, it needs to get its annual business plan signed off. The Ministry of Justice insists this does not affect judicial independence. Judges will still make individual sentencing decisions independently. However, the overarching policy direction now faces stricter oversight. This sentencing council veto aims for greater democratic control.
The change arrives within a larger Sentencing Bill. This bill also addresses severe prison overcrowding. It includes measures like earned early release. Additionally, it promotes tougher community punishments. The new veto power stems from a previous conflict. The Sentencing Council proposed updated guidance for judges. It involved offenders from certain minority backgrounds.
For example, judges would consider an offender’s ethnicity. They would also consider cultural or faith backgrounds. Pre-sentence reports were encouraged for these groups. Similar reports were suggested for young adults and women. Both the government and opposition criticized the plan. Mahmood argued it created differential treatment unfairly.
Conversely, the council defended its proposal. It claimed comprehensive information ensured fairer sentencing. However, the government used emergency powers to block it. Now, the new law makes this veto power permanent. This solidifies the minister’s sentencing council veto authority. Ultimately, this fundamentally alters the sentencing guidance process.
For more political updates, visit London Pulse News.
