The government’s decision to amend the law in order to override Sentencing Council guidelines has sparked a heated debate over the concept of «two-tier justice», according to Sky News sources. The Sentencing Council, an independent body responsible for providing sentencing guidelines to courts in England and Wales, has clashed with Justice Secretary Shabana Mahmood following recent updates to its guidance.
One of the key changes introduced by the Sentencing Council is the requirement for a pre-sentence report before sentencing individuals from specific demographics, including ethnic, cultural, or faith minorities, as well as other groups such as young adults, women, and pregnant women. This move has been criticized by Conservative shadow justice minister Robert Jenrick, who labeled it as «two-tier justice» and raised concerns about potential bias against certain groups, such as Christians and straight white men.
Despite calls from Ms. Mahmood to reverse the guidance, the Sentencing Council has stood firm in its decision, prompting disappointment from figures like Sir Keir Starmer. In response to this impasse, the Ministry of Justice is reportedly planning to introduce legislation that would grant the government the authority to override sentencing guidelines at the earliest opportunity.
The potential legislative changes could be implemented as early as Monday to expedite the process of amending the current guidelines. Until such changes are enacted, the Sentencing Council retains its independence and can proceed with its proposed revisions.
In light of these developments, it is crucial to understand the rationale behind the Sentencing Council’s stance. According to Lord Justice William Davis, chair of the Sentencing Council, the reforms are aimed at addressing disparities in sentencing outcomes, addressing systemic disadvantages within the criminal justice system, and navigating the complexities of individual offenders’ circumstances. Pre-sentence reports, he argues, enable judges to make more informed decisions and mitigate the risk of disparate outcomes based on ethnicity.
As discussions around these issues continue, Sky News has reached out to the Sentencing Council for their perspective on the potential legislative changes. Stay tuned for further updates on this evolving story.
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