The UK Government is set to introduce new legislation this week to override recent sentencing guidance that considers an offender’s ethnic, cultural, or faith background when determining punishments.
Earlier this month, Justice Secretary Shabana Mahmood requested that the Sentencing Council reconsider its updated guidance, which is scheduled to take effect on 1 April. The council, however, refused to revise its decision.
The new rules outline principles for courts to follow when deciding on community and custodial sentences, including whether jail time should be suspended.
One key change is that judges will typically require a pre-sentence report before sentencing individuals from ethnic, cultural, or faith minorities, as well as young adults aged 18 to 25, women, and pregnant women.
Critics argue that the policy could create an unfair system by treating offenders from different backgrounds unequally.
Shabana Mahmood is leading the Government’s efforts to overturn the guidance, stating that all options remain on the table after the Sentencing Council’s chairman, Lord Justice William Davis, ruled that the guidelines did not need revision.
According to the PA news agency, a new Bill will be introduced in Parliament this week. If passed, the legislation would override the council’s decision.
The Bill must go through scrutiny in both the House of Commons and the House of Lords before becoming law, though ministers are hoping for a swift process.
Beyond this immediate legislative push, the Government also plans to reassess the role and powers of the Sentencing Council. This review, which could lead to further legal changes by the summer, follows an ongoing sentencing review led by former Conservative minister David Gauke.
One of the key proposals under consideration is increasing ministerial or parliamentary oversight of the council’s decisions.
The Government’s move comes just a day after Lord Falconer, a former justice secretary under Tony Blair, warned against such direct intervention.
Speaking to BBC’s Week In Westminster, he cautioned against emergency legislation, arguing that the Government could create a precedent where ministers routinely intervene whenever they disagree with the council’s decisions.
Despite these concerns, the Government remains committed to ensuring that sentencing guidelines reflect what it sees as a fair and balanced approach to justice.
