Anger over ‘two-tier sentencing’ as Justice Secretary Shabana Mahmood rejects new guidelines

There’s been angry reaction to new guidelines – described by some as “two-tier sentencing” – which recommend judges consider whether a criminal is from a ethnic, cultural or faith minority before issuing a punishment.

The Sentencing Council, which sets out recommendations to courts in England and Wales, has issued fresh advice about how certain offenders should be processed.

But its updated guidance, which is due to come into force from April, has been described as enshrining a “double standard” by the shadow justice secretary Robert Jenrick.

He accused the council of setting rules which make “a custodial sentence less likely for those from an ethnic minority, cultural minority, and/or faith minority community”.

The independent body is now advising that a pre-sentence report (PSR) “will normally be considered necessary” before sentencing a criminal from an ethnic, cultural or faith minority.

A PSR assessment would also be expected for people from the transgender community and certain other groups, such as young adults aged 18 to 25, women and pregnant women.

Posting on X, Justice Secretary Shabana Mahmood said: “I will be writing to the Sentencing Council to register my displeasure and to recommend reversing this change to guidance.

“There will never be a two-tier sentencing approach under my watch.”

In setting out the changes, Lord Justice William Davis said the reforms reflect evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in the circumstances of individual offenders.

The chair of the Sentencing Council for England and Wales said: “PSRs provide the court with information about the offender; they are not an indication of sentence. Sentences are decided by the independent judiciary”.

He added that a punishment tailored to the offender had the “greatest likelihood” of being effective.

According to the most recent government statistics, since 2018 white defendants are more likely to have a shorter jail sentence than any other ethnic group.

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The Sentencing Council is also advising judges and magistrates to consider rehabilitative sentences, or community sentences. It points out they can be more effective in reducing re-offending than a short term behind bars.

Among the fresh guidance is also a recommendation for courts to “avoid” sending pregnant women or mothers of babies to prison.

Janey Starling, co-director of feminist campaign group Level Up called the changes a “huge milestone”.

Meanwhile Liz Forrester, from No Births Behind Bars, said it finally recognises the “deadly impact” of prison on babies and pregnant women.

Pregnancy, childbirth and post-natal care had already been introduced in April 2024 as a new mitigating factor in England and Wales.