Ministers mull axing Sentencing Council as law to reverse guidance is drawn up

A new law to reverse “damaging” guidance on the sentencing of offenders from minorities will not be passed before Easter, despite the Government’s promise to rush it through Parliament.

The guidance, which has led to accusations of “two-tier justice”, comes into force on Tuesday.

Ministers have promised legislation to overturn the guidance and have not ruled out ultimately scrapping the Sentencing Council, which produced the document, after it ignored requests from Justice Secretary Shabana Mahmood to change course.

The new legislation will be fast-tracked through Parliament, but the Government is not expected to delay the Easter break for MPs and peers.

The Justice Secretary confirmed she would introduce the Sentencing Guidelines (Pre-sentence Reports) Bill to the Commons on Tuesday to block “unacceptable differential treatment”.

The House of Lords rises for the holiday on April 3, and MPs will head away from Westminster after April 8’s sitting.

The legislation to reverse the guidance will be introduced “very quickly”, the Prime Minister’s official spokesman said, but “we’ll need to work with the House as normal to ensure that it’s fast-tracked through the chambers as quickly as possible.”

The new guidance for judges says 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 say the change could discriminate against those who do not fit into these groups by making a custodial sentence less likely, and shadow lord chancellor Robert Jenrick described it as “two-tier justice”.

The Prime Minister’s official spokesman repeatedly refused to rule out scrapping the Sentencing Council altogether, but said the initial focus was on reversing the guidance.

“Well, we’re focused on this specific issue in relation to these new guidelines, so that’s where our focus is,” the spokesman said.

“We’re obviously disappointed the Sentencing Council has decided not to reverse these guidelines.

“The Lord Chancellor has also said, more broadly, we want to look at the role of the Sentencing Council, but we’re obviously not going to rush that work, and we’ll consider that carefully.”

Pressed on whether abolition of the council was an option, the 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.”

Ms Mahmood said later on Monday: “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.

“I will change the law to ensure fairness for all in our courts.”

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 Mr Jenrick said there should be “guidelines” provided to judges and magistrates on sentencing, but there should also be “a degree of ministerial oversight”.

The senior Tory, whose party was in Government when the guidance was first proposed, told Times Radio: “I think you do want to have guidelines provided to judges and magistrates, so that there is a very high degree of consistency across the country in the way in which sentences are passed down.

“And so it’s right that they provide guidance and that they keep that under continuous review.

“It is also important, however, that there is a degree of ministerial oversight over that.

“So if they stray into policy and political decisions of great importance to the justice system, as has happened in this case, ministers such as the Justice Secretary can intervene.”

Labour veteran Jack Straw, who was justice secretary when the Sentencing Council was created in 2010, told the Policy Exchange think tank: “It is clear that the Government will need to take steps to correct the error.

“Given the cross-party support for this to be resolved, as shown by the position of the shadow secretary of state, Robert Jenrick, I hope that this can be done quickly.”