New sentencing guidelines for ethnic minority offenders have been scrapped after a standoff between senior judges and the government. Justice Secretary Shabana Mahmood opposed the rules, arguing they would create a “two-tier” justice system.
The guidelines, developed over months, instructed judges to seek extra information before sentencing offenders from minority groups. The Sentencing Council, which proposed the rules, argued they would address sentencing disparities, as data shows ethnic minority offenders receive longer sentences than white offenders for indictable crimes.
The proposals faced backlash from both major parties. Mahmood planned to block them with emergency legislation, and after a meeting with Lord Justice William Davis, chair of the Sentencing Council, the guidelines were postponed indefinitely.
Mahmood said that “equality before the law is the backbone of public confidence in our justice system,” and vowed to change the law to prevent race-based sentencing differences. The Sentencing Guidelines (Pre-sentence Reports) Bill will be introduced to ensure sentencing reports do not single out specific groups for special treatment.
The legislation must pass through Parliament quickly, but with Easter recess looming, time is limited. Some officials wanted to fast-track the bill, while others feared resistance in the House of Lords.
Conservative shadow justice secretary Robert Jenrick accused the Sentencing Council of caving under pressure, calling the guidelines biased “against straight white men.” Prime Minister Keir Starmer confirmed the government would legislate to reverse them, stating, “there’s no other option”
The Sentencing Council, founded in 2010 to ensure sentencing consistency, now faces scrutiny over its attempt to introduce the controversial rules.
