The UK government is pushing back against new sentencing guidelines that unfairly discriminate against white men. Prime Minister Keir Starmer has signaled that he is willing to change the law if needed after an independent judicial body refused to back down from implementing the new rules.
The controversy surrounds guidelines set to take effect on April 1, which call for judges and magistrates to consider so-called pre-sentence reports before deciding whether to jail offenders from ethnic or religious minorities, young adults, abuse survivors, and pregnant women. The stated goal of the changes is to address bias and reduce reoffending, reports The Guardian.
However, critics, including Shadow Justice Secretary Robert Jenrick, have condemned the policy, arguing that it creates a “two-tier” sentencing system that treats white men unfairly.
Justice Secretary Shabana Mahmood has also strongly opposed the move. She called the Sentencing Council’s decision to proceed with the changes “unacceptable” and warned that she is prepared to take legislative action if necessary.
“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,” Mahmood said. “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.”
The Sentencing Council, which is responsible for setting guidelines for courts in England and Wales, defended its position. In a letter to Mahmood, its chair, Lord Justice Davis, argued that there was a “widespread misunderstanding” about the changes and that the rules simply aim to ensure courts have enough information about offenders before sentencing.
“The rule of law requires that all offenders are treated fairly and justly by judges and magistrates who are fully informed about the offences, the effect on the victims, and the offenders,” Davis wrote. “The section of the guideline relating to pre-sentence reports is directed to the issue of information about offenders, no more and no less.”
Despite the council’s refusal to back down, Starmer made it clear on Friday that the government is not done fighting the issue.
“All options are on the table, but I’m disappointed at this outcome, and now we will have to consider what we do as a result,” Starmer said.
