The Sentencing Council has refused a request from the Lord Chancellor to amend guidance that sparked a heated debate over “two-tier justice”.
Prime Minister Sir Keir Starmer expressed his disappointment, while Justice Secretary Shabana Mahmood warned that “all options are on the table”, including potential legal changes to override the council’s decision.
Council stands firm amid controversy
The dispute stems from new sentencing principles, due to take effect on April 1, which state that pre-sentence reports should typically be considered before passing judgment on individuals from ethnic, cultural, or faith minorities, as well as young adults (18-25), women, and pregnant women.
Critics argue that this could create differential treatment based on race or ethnicity, leading to accusations of a “two-tier” legal system.
Ms Mahmood formally challenged the guidance, insisting that all defendants should be treated equally, and requested the removal of the listed cohorts.
However, in a letter published on Friday, Sentencing Council chairman Lord Justice William Davis defended the policy, stating:
“The council concluded that the guideline did not require revision.”
He dismissed claims that the listed groups were receiving preferential treatment, asserting that the intention was simply to ensure judges and magistrates had as much relevant information as possible when making sentencing decisions.
“Any judge or magistrate required to sentence an offender must do all that they can to avoid a difference in outcome based on ethnicity,” he added.
Government response: Reform or legislation?
Ms Mahmood and Downing Street have made it clear that they will not let the issue rest.
“All options remain on the table, and that includes legislating if necessary,” said a Number 10 official.
Sir Keir Starmer also indicated that the Government is reviewing its next steps, reiterating his displeasure with the Sentencing Council’s stance.
Conservatives seize on ‘two-tier Keir’ narrative
The opposition Conservatives have seized on the controversy, with former shadow justice secretary Robert Jenrick branding the guidelines unfair and warning:
“Unless the Government acts, we will have two-tier justice under ‘Two-Tier Keir’.”
Tory leader Kemi Badenoch echoed the call for legislative action, stating:
More Read
“The Conservatives will back Shabana Mahmood if she moves to change the law.”
Mahmood: “This is unacceptable”
Ms Mahmood has been unwavering in her criticism, arguing that the guidelines allow sentencing outcomes to be influenced by race, culture, or religion, which she says is fundamentally wrong.
“There will never be a two-tier sentencing approach under my watch,” she vowed.
Following the Sentencing Council’s refusal to amend the guidance, she issued a strongly worded statement:
“I am extremely disappointed by the council’s response. This is unacceptable, and I formally set out my objections in a letter last week. If necessary, I will legislate.”
What happens next?
With the Sentencing Council refusing to back down, the Government now faces a choice:
- Accept the council’s decision and attempt to clarify the guidelines further.
- Introduce new legislation to override the policy and enforce a uniform sentencing approach.
As the April 1 implementation date approaches, the debate is far from over, and the possibility of a major legal shake-up looms large.
