Step to legally prevent new ‘two-tier’ sentencing guidelines begins today, justice secretary says
A bill to legally prevent new sentencing guidelines on how ethnic minority criminals should be punished will be introduced today, the justice secretary said.
Shabana Mahmood told MPs in the House of Commons the Sentencing Guidelines (Pre-sentence reports) Bill would be presented on Tuesday to stop the guidance coming into effect.
The independent Sentencing Council said a pre-sentence report, the results of which are taken into account when considering a criminal’s sentence, will “usually be necessary” before handing out punishment for someone from an ethnic, cultural or faith minority.
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However, Ms Mahmood called the guidance “unacceptable” and said it amounted to “differential treatment before the law” as she urged the council to reverse it.
The council refused so she said she would legislate to overturn the guidance – which is what she is now doing.
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‘Blatant bias against straight, white men’
After Downing Street said on Monday the government planned to introduce legislation on Tuesday and to push it through quickly, the Sentencing Council suspended the guidance, due to come in today.
Ms Mahmood also announced on Tuesday the government would carry out a review of the Sentencing Council “in the coming months”.
“Should further legislation be required, I shall propose it as part of the upcoming Sentencing Bill,” she added.
The justice secretary acknowledged the council “holds an important position” within the justice system.
She also said pre-sentence reports are “an incredibly vital tool for judges before passing sentence”.
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Conservative justice secretary Robert Jenrick claimed magistrates and judges were only informed of the guidance suspension at midday, so said some may have used the guidance in sentencing that morning.
He accused Ms Mahmood of having “completely lost control of the justice system” and said her “incompetence took this down to the wire”.
But she dismissed his criticisms, saying he had never raised these issues while in government and said communication of the suspension was up to the Sentencing Council.
Mr Jenrick had previously called the guidance “two-tier justice” as he said it would lead to “blatant bias” against Christians and straight white men.
He also argued that it would make “a custodial sentence less likely for those from an ethnic minority, cultural minority, and/or faith minority community” – something the council denied.
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Chancellor Rachel Reeves has dodged calls from her predecessor Anneliese Dodds for a wealth tax to be considered ahead of this autumn’s budget.
When Sir Keir Starmer became Labour leader in 2020, Ms Dodds was his first pick for shadow chancellor. However, she did not last long and was replaced by Ms Reeves, who then got the government job after last year’s election win.
Speaking to the Sky News political editor Beth Rigby on the Electoral Dysfunction podcast, Ms Dodds said she had examined wealth taxes when she was briefly in the shadow chancellor job and how one could be implemented.
She said: “I would hope the Treasury is considering that kind of evidence, as well as other changes that have been put forward.”
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‘Rachel Reeves would hate what you just said’
Asked today if about Ms Dodds’ intervention, Ms Reeves said: “Decisions around tax are decisions that are made at a budget and we’ll make those decisions in the appropriate way, but the number-one priority of this government is to grow the economy.
“And that means bringing more investment into Britain, creating more good jobs paying decent wages here in Britain.
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“We’ve got to get the balance right on taxation because we want that investment, we want those jobs to come here.
“That’s why we’re reforming the planning system, secured three trade deals in the first year of this Labour government, cutting back on unnecessary regulation, and reforming our pension system to unlock money for businesses to be able to invest here in the UK.”
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The government’s financial position is stretched ahead of the next budget, due at the end of autumn.
Ms Reeves has committed herself to not changing her fiscal rules, leaving little wiggle room to avoid tax rises or spending cuts.
This is due to the government’s inability to save money through policies like welfare reform, which were gutted due to a rebellion of backbench Labour MPs.
Last week, Business Secretary Jonathan Reynolds branded the suggestion of a wealth tax “daft” – but he has less influence over the writing of the budget than the chancellor.
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Meanwhile, reports from the Daily Telegraph suggested that Deputy Prime Minister Angela Rayner backed increasing taxes, including reinstating the pensions lifetime allowance and a higher corporation tax level for banks.
Ms Dodds also wants to see those considered.
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