The Sentencing Council’s new guidelines, set to take effect on April 1, have sparked political debate over their provisions regarding pre-sentence reports. The Conservative Party has claimed that Prime Minister Keir Starmer supports changes to these guidelines that would treat ethnic minority offenders more leniently. However, there is no evidence to support this claim, and the guidelines were, in fact, developed by an independent body.
What do the new guidelines say?
The guidelines specify that courts should request a pre-sentence report before imposing a prison sentence or community order “unless it considers that it is unnecessary.” These reports, prepared by probation officers, provide background on an offender, assess their remorse, and suggest an appropriate sentence. While courts are not bound by these recommendations, they are meant to provide crucial insight into an individual’s circumstances.
The section of the guidelines that has drawn controversy states that pre-sentence reports should “normally be considered necessary” for offenders who fall into certain categories. These include young adults, first-time offenders, women, and those from ethnic, cultural, or faith minority backgrounds. The rationale given for this is that judges may not always be familiar with the specific circumstances of individuals from diverse backgrounds, and a report can provide valuable context.
Why is this causing controversy?
The Conservative Party has claimed that these guidelines would create a two-tier justice system, treating ethnic minority offenders more leniently. However, the guidelines do not mandate different sentences based on ethnicity; they simply recommend pre-sentence reports in certain cases where context might be necessary.
Justice Secretary Shabana Mahmood has publicly opposed this aspect of the guidelines. In a letter to the Sentencing Council, she stated:
“I must make clear my displeasure at the direction that this guideline took in recommending differing approaches for those from ethnic minorities, cultural minorities, and/or from a faith minority background.”
She added that pre-sentence reports should not be determined by an offender’s ethnicity, culture, or religion and urged the Sentencing Council to reconsider. Ms Mahmood has also indicated that she may introduce legislation to change the council’s role if necessary.
Prime Minister Keir Starmer’s spokesperson has stated that he supports Ms Mahmood’s stance, contradicting the Conservative claim that he endorses the guideline changes.
Who is responsible for the guidelines?
The Sentencing Council is an independent body responsible for developing sentencing guidelines in England and Wales. While it consults with Parliament and must appear before the House of Commons Justice Select Committee when required, it is not under direct government control.
The Lord Chancellor—currently Ms Mahmood—has the authority to propose changes to sentencing guidelines, and she has indicated her willingness to do so. However, the Sentencing Council makes the final decision on its guidelines unless Parliament legislates to alter its powers.
Did the previous government approve these guidelines?
The consultation process for the new guidelines was conducted under the previous Conservative government, between November 2023 and February 2024. However, there is a key difference between the original draft and the final guidelines.
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The initial draft stated that a pre-sentence report “may be particularly important” for certain groups, while the final version strengthened this language, saying that such a report “will normally be considered necessary.”
This change has raised concerns about whether it implies a requirement for different treatment based on ethnicity. The Sentencing Council has defended its position, stating that pre-sentence reports do not influence sentencing outcomes but help ensure fairness in the justice system.
What happens next?
With growing opposition from the government, the Sentencing Council may face pressure to revise the guidelines. Ms Mahmood has stated that she is reviewing the council’s role and considering legislative action if necessary.
As things stand, the guidelines are set to take effect on April 1, but further discussions and potential legal changes could alter their implementation.
Conclusion
The claim that Keir Starmer supports treating ethnic minority offenders more leniently is misleading. The new guidelines were developed by the independent Sentencing Council and were consulted on under the previous Conservative government. The Justice Secretary has requested a reconsideration of the guidelines, and the Prime Minister has backed her position. The debate over these guidelines highlights broader discussions about fairness and consistency in the criminal justice system.
