Proposed law change to give Justice Secretary greater powers to avoid ‘two-tier’ system BLOCKED
A PROPOSED law change to give the Justice Secretary greater powers over the Sentencing Council’s guidelines to avoid a “two-tier” system has been blocked.
The row comes after Shabana Mahmood asked the body to reconsider its guidance for judges to consider a criminal’s ethnicity before deciding their punishment.
But Shadow Cabinet Minister Robert Jenrick wanted Ms Mahmood to step in and ensure changes be made with her consent.
He also demanded that the Cabinet Minister be given the power to amend sentencing guidelines before they are issued.
In a post on X, Mr Jenrick said: “Labour have just blocked my Bill which would give the Justice Secretary the power to stop the two-tier sentencing rules.
“Their mask has slipped.
“In just 18 days we are set to have a two-tier justice system because of Two-Tier Keir.”
The Sentencing Council last week published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
From April 1, judges will take into account a convict’s ethnicity, religion and gender when deciding whether to impose a jail term – sparking fears they could get softer sentences.
A summary of the consultation says: “Many individual respondents, including some magistrates, did not believe there should be a cohort list at all, mostly citing reasoning around the idea that the list is biased and conflicts with equality in sentencing.”
Lord Sewell – the government’s former racial disparities tsar – called for the Sentencing Council to be scrapped.
Asked if Ms Mahmood should legislate to overrule them, he told Times Radio: “Definitely. And in fact, to be honest, go further and just abolish the quango.”