{"id":25877,"date":"2025-03-28T17:19:36","date_gmt":"2025-03-28T17:19:36","guid":{"rendered":"https:\/\/news.godj.com\/news\/minister-threatens-to-override-sentencing-rules-in-two-tier-row\/"},"modified":"2025-03-28T17:19:36","modified_gmt":"2025-03-28T17:19:36","slug":"minister-threatens-to-override-sentencing-rules-in-two-tier-row","status":"publish","type":"post","link":"https:\/\/news.godj.com\/news\/minister-threatens-to-override-sentencing-rules-in-two-tier-row\/","title":{"rendered":"Minister threatens to override sentencing rules in &#8216;two tier&#8217; row"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div data-component=\"text-block\">\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">The government has threatened to override the body advising judges in England and Wales in a row over how ethnic minority offenders should be sentenced, days before new rules are set to take effect.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">It comes after the Sentencing Council refused a request from the justice secretary for it to rethink new instructions for judges due to begin on Tuesday<!-- --><b id=\".\" class=\"sc-7dcfb11b-0 kVRnKf\">.<!-- --><\/b><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">Under the rules, judges will be expected to consider the lives of offenders from ethnic minority and other backgrounds before deciding on punishment.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">The guidelines have prompted a &#8220;two-tier&#8221; justice row, with critics arguing certain groups of people will be less likely to go to prison for a crime.<!-- --><\/p>\n<\/div>\n<div data-component=\"text-block\">\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">Justice Secretary Shabana Mahmood said the guidelines would lead to &#8220;differential treatment&#8221; of offenders by courts.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">Downing Street said Sir Keir Starmer was &#8220;disappointed&#8221; the council had refused to change the guidance and &#8220;all options&#8221; were being considered in response, including passing legislation to block the changes.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">But shadow justice secretary Robert Jenrick, a vocal opponent of the new guidance, said the threat to legislate was &#8220;too little too late&#8221;.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">&#8220;From Tuesday, [Mahmood] will preside over a sentencing system she conceded is two-tier,&#8221; he added.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">The row began earlier this month when the council, which advises judges and magistrates on prison terms and community punishments, issued <!-- --><a target=\"_blank\" href=\"https:\/\/www.sentencingcouncil.org.uk\/overarching-guides\/magistrates-court\/item\/imposition-of-community-and-custodial-sentences-overarching-guideline\/\" class=\"sc-c9299ecf-0 beIoQm\">new guidance<!-- --><\/a> on when a court should order a pre-sentence report into an offender&#8217;s life.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">These reports contain information about an offender&#8217;s background and are intended to help judges decide what sort of punishment is appropriate.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">The updated guidance says judges should normally request a pre-sentence report on offenders from an ethnic, cultural or faith minority, and other groups such as young adults under 25, women and pregnant women.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">The council argues its new guidance is intended to remedy a &#8220;disparity in sentence outcomes&#8221; between white and non-white offenders.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">But after the Conservatives argued it would lead to a &#8220;two-tier&#8221; approach to sentencing, Mahmood said she would request it was changed.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">She also echoed that &#8220;there will never be a two-tier sentencing approach under my watch&#8221;. <!-- --><\/p>\n<\/div>\n<div data-component=\"text-block\">\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">In correspondence published on Friday, council chair Lord Justice Davis said the council has decided the guidelines &#8220;did not require revision&#8221;.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">He added the guidelines had been subject to a four-month consultation under the previous Conservative government and the &#8220;overall response to the consultation was positive&#8221;.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">He said the council saw no reason to re-run the consultation, although it would now include &#8220;clarification&#8221; on the language in the guidelines to &#8220;correct the widespread misunderstanding which has emerged in the last few weeks&#8221;.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">An &#8220;explanatory statement&#8221; would also be added to the council&#8217;s website, he added.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">He added that although it was not for judges to introduce &#8220;overarching policies to redress the imbalance&#8221; in sentences, they must &#8220;do all that they can to avoid a difference in outcome based on ethnicity&#8221;.<!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">&#8220;The judge will be better equipped to do that if they have as much information as possible about the offender. <!-- --><\/p>\n<p class=\"sc-eb7bd5f6-0 fezwLZ\">&#8220;The cohort of ethnic, cultural and faith minority groups may be a cohort about which judges and magistrates are less well informed.&#8221; <!-- --><\/p>\n<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.bbc.com\/news\/articles\/cz0303vkg7ko\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The government has threatened to override the body advising judges in England and Wales in a row over how ethnic minority offenders should be sentenced, days before new rules are set to take effect. It comes after the Sentencing Council refused a request from the justice secretary for it to rethink new instructions for judges [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":25878,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51],"tags":[1830,9282,682,343,5410,7013,9283],"class_list":["post-25877","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-minister","tag-override","tag-row","tag-rules","tag-sentencing","tag-threatens","tag-tier"],"_links":{"self":[{"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/posts\/25877","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/comments?post=25877"}],"version-history":[{"count":1,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/posts\/25877\/revisions"}],"predecessor-version":[{"id":25879,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/posts\/25877\/revisions\/25879"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/media\/25878"}],"wp:attachment":[{"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/media?parent=25877"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/categories?post=25877"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.godj.com\/news\/wp-json\/wp\/v2\/tags?post=25877"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}