The government will introduce emergency legislation this week to override new sentencing rules that critics claim create a “two-tier justice system.” Justice Secretary Shabana Mahmood acted after the independent Sentencing Council refused to reconsider guidelines taking effect Tuesday that encourage judges to order pre-sentence reports for offenders from certain minority backgrounds.
The reports, assessing an individual’s circumstances before sentencing, have sparked accusations of unequal treatment. Mahmood argued the policy risks undermining public trust, stating there will “never be a two-tier sentencing approach under my watch.” The new law will target only the disputed sections of the guidelines, with a government source acknowledging the rules will still take effect temporarily before Parliament can intervene.
In a letter to the Sentencing Council, Mahmood insisted such decisions should be “accountable to the public,” warning that “the appearance of differential treatment before the law is particularly corrosive.” The council defended its guidelines as addressing racial disparities in sentencing outcomes, noting the policy was developed under the previous government after a four-month consultation.
Opposition figures criticized the rushed response, with former Labour justice secretary Lord Falconer warning against bypassing the council via emergency legislation. Conservative shadow justice secretary Robert Jenrick accused the government of losing control, claiming the guidelines institutionalize bias.
The clash signals broader reforms may follow, including potential parliamentary oversight of the Sentencing Council. A wider sentencing bill is expected later this year after an ongoing review concludes.
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