The Sentencing Council for England and Wales is preparing to suspend the introduction of guidelines criticised as leading to a “two-tier” justice system following a row with Downing Street, according to people familiar with its plans.
The body said it would delay contentious guidelines for judges to request pre-sentence reports for offenders from particular backgrounds, just hours before they were due to be implemented.
The council had previously rebuffed ministers’ pleas to abandon the new guidelines, insisting last week that they “did not require revision” given they had already been subject to a “full public consultation”.
But the government said on Monday it would introduce fast-tracked legislation to block the move. The legislation would “clarify that guidance relating to sentencing reports should not single out specific cohorts for differential treatment”, said the Ministry of Justice in a statement.
The Sentencing Council said late on Monday that it remained of the view that its guideline “as drafted is necessary and appropriate”.
But after a meeting between the council’s chair and Justice Secretary Shabana Mahmood about the government’s plans to introduce legislation to block the guideline, the council said it would shelve its plans.
Prime Minister Sir Keir Starmer had repeatedly voiced his opposition to the Sentencing Council’s new guidance and was “disappointed” the body had not shelved it, his spokesperson said earlier on Monday.
The Labour leader had not ruled out abolishing the body altogether, his spokesperson signalled, confirming that ministers “want to look at the role of the Sentencing Council”.
Mahmood has been among the most outspoken critics of the guidelines, under which judges are advised that pre-sentence reports should normally be deemed necessary for individuals from particular backgrounds. These include those with a minority ethnic, cultural and faith minority background, as well as young adults and women.
The reports are prepared by probation officers to assist the court in determining sentences and include information about the offender’s background and circumstances. Critics claim the guidelines would result in preferential treatment for certain offenders.
Tory shadow justice secretary Robert Jenrick had accused Mahmood of having “lost control of the justice system”, questioning why she did not bring forward legislation sooner to block the implementation of the guidelines.
Mahmood said on Monday: “Equality before the law is the backbone of public confidence in our justice system.
“I will change the law to ensure fairness for all in our courts.”
