Justice Secretary Shabana Mahmood has escalated her confrontation with the Sentencing Council, warning she will “legislate if necessary” after the independent judiciary body rejected her demands to scrap controversial new guidelines she claims create unequal outcomes based on defendants’ backgrounds.
The clash reached boiling point today when the Council formally dismissed Mahmood’s objections, stating there was “no basis” to alter guidelines that legal experts say allow judges to consider cultural and religious factors during sentencing. The Justice Secretary immediately fired back, calling the Council’s position “unacceptable” and vowing to explore all available options to force changes.
This extraordinary constitutional standoff between government and judiciary stems from guidelines introduced earlier this year that critics argue institutionalize differential treatment in sentencing. While the Council maintains its approach ensures appropriate consideration of all relevant circumstances, Mahmood insists it creates an unjust system where “someone’s outcomes may be influenced by their race, culture or religion.”
Legal analysts suggest the Justice Secretary could now pursue radical measures including emergency legislation to override the guidelines or even broader reforms to sentencing laws. The confrontation comes at a sensitive time for the justice system, with growing public and political scrutiny of sentencing disparities and judicial discretion.
With neither side showing willingness to back down, this dispute appears headed for a landmark constitutional clash that could redefine the balance of power between ministers and the independent Sentencing Council. The outcome may set important precedents about political influence over judicial processes as the government seeks to assert control over a justice system facing multiple crises.
London Pulse News will continue to follow this developing story and its implications for the UK justice system.
