First Labour MP calls for abolition of 'two-tier' Sentencing Council as justice row erupts

29 March 2025, 16:36

Jonathan Brash called the Sentencing Council's 'two tier' approach 'completely out of step with the British people'.

Jonathan Brash, MP for Hartlepool, said the quango should be abolished.

"It is a question of democracy. Clearly the decision of the Sentencing Council is completely out of step with the British people and with what elected politicians think," he told The Telegraph.

"For the council to say they are not interested in what the Justice Secretary has to say is unacceptable.

"There’s a more fundamental question here about who decides on behalf of the British people about how the country is run.”

"We can’t persist with a system where the Sentencing Council pushes forward guidelines that the democratically elected government doesn’t agree with."

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

The Sentencing Council for England and Wales is a non-departmental public body that develops sentencing guidelines, monitors the use of guidelines and reviews sentencing decisions.

Mr Brash added: "I can think of a number of MPs who are sympathetic to my position."

Party organisation Blue Labour wrote on X: "If the Sentencing Council won’t listen to democratically elected politicians, Parliament must legislate to shut it down.

"The principle of equality before the law is non-negotiable."

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

Justice Secretary Shabana Mahmood set out her concerns over the Sentencing 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.

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."