Sentencing Council to delay 'two-tier' guidelines after backlash
31 March 2025, 18:35 | Updated: 31 March 2025, 21:00
The Sentencing Council has hit pause on its controversial new 'two tier' guidelines at the 11th hour – after a showdown with ministers.
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The independent body has confirmed that the new rules – which would have come into effect tomorrow – will now not go ahead.
It comes after Shabana Mahmood and the Sentencing Council met earlier today, and she insisted she would push ahead with plans to overrule them.
A new law will come before MPs tomorrow which would give ministers the powers to block the new guidelines.
Watch again: Nick Ferrari is joined by Shabana Mahmood
The rules would have forced judges to consider an offender’s religion, ethnic background, and other characterises before sentencing them, as part of pre-sentencing reports.
The Sentencing Council insisted they were needed to balance out the justice system, and make sentencing fairer.But it led to criticism it could create a two-tier justice system, and see offenders from certain backgrounds dodge jail time.
Tonight a spokesperson for the Council insisted they remained of the view that the changes were “necessary and appropriate”.
They added: “The Council would not introduce a guideline when there is a draft Bill due for imminent introduction that would make it unlawful.
“The Council, an independent statutory body, has chosen to delay the in force date of the guideline pending such legislation taking place.”
The Justice Secretary had urged the Council – which sets the rules for judges – to think again, to no avail.
But tonight they confirmed they would hit pause on the changes as ministers were expected to push ahead with the law change.
The Sentencing Guidelines Bill will come to the Commons tomorrow, with the government keen to push it through as quickly as possible.
The Lord Chancellor, Shabana Mahmood said: "These guidelines create a justice system where outcomes could be influenced by race, culture or religion.
“This differential treatment is unacceptable - 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, and I'm grateful to the Sentencing Council for delaying implementation while Parliament considers the Bill."
Shadow Justice Secretary Robert Jenrick has threatened a legal challenge to the move – which he said created a two tier justice system.
He said tonight it would help “save equality before the law” and was a “victory for common sense”.
Ministers have said they want to look again at ways to cut the spiralling number of people in prisons serving less serious sentences, amid fears they can run out of spaces again within weeks.
A sentencing review, led by the former Justice Secretary, David Gauke, is expected to recommend a string of changes this summer, including earlier release of some offenders, and sending fewer women behind bars like modelled in Texas.
