Judges reject Government's request to change 'corrosive' sentencing rules as 'two-tier justice' row erupts

28 March 2025, 13:00 | Updated: 28 March 2025, 14:08

Judges have rejected demands by the Justice Secretary to drop their “two-tier” sentencing rules in an escalating row between the judiciary and the Government.

Shabana Mahmood set out her concerns over the Sentcing Council's “two-tier” justice proposals in a hard-hitting letter published for the first time on Friday.

The council had come under fire after publishing new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.

The updated guidance, which comes into force from April, has been accused of introducing a “two-tier” system for requesting a person’s ethnicity, culture, faith and gender is considered in a pre-sentence report.

Ms Mahmood has warned that the body's recommendations are “corrosive” and “eroded public confidence”.

But Lord Justice William Davis, the head of the council, rebuffed her demands to change its guidelines in his response, also published on Friday.

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Responding to the rejection, Ms Mahmood said: "I have been clear in my view that these guidelines represent differential treatment, under which someone's outcomes may be influenced by their race, culture or religion.

"This is unacceptable, and I formally set out my objections to this in a letter to the Sentencing Council last week.

"I am extremely disappointed by the council's response. All options are on the table and I will legislate if necessary."

Sir Keir Starmer has said he is "disappointed" in the Sentencing Council's refusal.

Figures from most sides of the political divide have hit out at the sentencing guidelines.

Shadow justice secretary Robert Jenrick said in the Commons earlier this month: "The new sentencing guidelines published alongside this statement will make a custodial sentence less likely for those 'from an ethnic minority, cultural minority, and/or faith minority community.

"Why is the Justice Secretary enshrining this double standard, this two-tier approach to sentencing? It is an inversion of the rule of law. Conservative members believe in equality under the law; why does she not?

At the time, Ms Mahmood, replied: "As somebody from an ethnic minority background, I do not stand for any differential treatment before the law for anyone.

"There will never be a two-tier sentencing approach under my watch or under this Labour Government."