Cliff Notes
- The Sentencing Council has maintained its guidance stating that pre-sentence reports should “normally be considered necessary” for offenders from ethnic, cultural, or faith minorities, despite calls for change from Justice Secretary Shabana Mahmood.
- Mahmood expressed concerns that the guidance may create “differential treatment” based on race, culture, or religion, and indicated potential legislative action if needed.
- The updated guidance, effective from April, will include additional groups such as young adults and pregnant women alongside minorities in requiring pre-sentence reports.
Sentencing Council rejects justice secretary’s calls for guidance rethink amid ‘two-tier’ justice row | Politics News
The Sentencing Council has rejected calls from the justice secretary to change guidance recommending that pre-sentence reports (PSRs) should “normally be considered necessary” for criminals from an ethnic, cultural or faith minority.
The guidance has prompted claims of “two-tier” justice from the Conservatives, while Justice Secretary Shabana Mahmood has pressed the body to reconsider.
However, as the Sentencing Council, which sets out recommendations to courts in England and Wales, is independent, she cannot order them to do so.
Under the updated guidance, which comes into force from April, a pre-sentence report will usually be necessary before handing out punishment for someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
Ms Mahmood previously told the council that access to such a report should not be determined by ethnicity, culture or religion.
Responding to the news that her suggestion had been rejected, 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.”
