Robert Jenrick has warned of an incoming disaster in the justice system (Image: Getty)
England and Wales are just 25 days from a two-tier justice system that could last for “at least a year”, Robert Jenrick has warned.
Pressure is mounting on Labour to urgently block new Sentencing Council guidelines from coming into force.
The new plans could mean white criminals are more likely to be jailed than ethnic minorities offenders.
Justice Secretary Shabana Mahmood has said she will use Labour’s upcoming Sentencing Bill to undo the plans, adding that her changes will prevent another confidence crisis in the criminal justice system.
Shabana Mahmood is under intense pressure to take action (Image: Getty)
But Shadow Justice Secretary Robert Jenrick declared: “Labour’s plan to change the law won’t come into effect for at least a year. But the two-tier guidance comes into force in just 25 days time.
“Unless Labour acts urgently to fix this mess, we will have a two-tier justice system that is biased against men, white people, and Christians. That would be a completely unacceptable outcome – I will fight against it tooth and nail.
“That is why I will be judicially reviewing the sentencing council decision. We will also explore how to amend the law much faster.”
The hugely controversial new guidance said pre-sentence reports, which are designed to “tailor” sentences most appropriate to an offender’s history and background, for example to deal with their drug addiction or homelessness, should be prepared if a criminal has declared they are “transgender”.
It also tells judges that criminals “from an ethnic minority, cultural minority and/or faith minority community” should be specifically considered for pre-sentence reports, meaning they could be considered differently to white counterparts.
The Sentencing Council, explaining the changes to magistrates, said: “A pre-sentence report can be pivotal in helping the court decide whether to impose a custodial sentence or community order.”
Ms Mahmood has urged the Sentencing Council to urgently abandon the plan “as soon as possible”.
The Justice Secretary hinted she could give ministers and MPs could be given a veto over future guidelines to prevent further scandals shredding confidence in the justice system.
She told Sentencing Council chairman Lord Justice William Davis: “A pre-sentence report can be instrumental in assisting courts in the determination of their sentence.
“But the access to one should not be determined by an offender’s ethnicity, culture or religion.
“As someone who is from an ethnic minority background myself, I do not stand for differential treatment before the law like this.
“For that reason, I am requesting that you reconsider the imposition of this guideline as soon as possible.
“I will also be considering whether policy decisions of such import should be made by the Sentencing Council and what role Ministers and Parliament should play.
“For that reason, I will be reviewing the role and powers of the Sentencing Council alongside the work of the Independent Sentencing Review.
“If necessary, I will legislate in the Sentencing Bill that will follow that review.”
Shadow Justice Secretary Robert Jenrick had earlier in the day vowed to take legal action after the Sentencing Council told judges to consider an offender’s ethnicity when they hand down punishments.
Mr Jenrick accused the Sentencing Council of creating a “two-tier” justice system after new rules were sent to magistrates on Wednesday morning. It opened the door to white criminals being jailed for longer than offenders from an ethnic minority or faith-based community group.
He said: “I will be challenging this sentencing guidance in the courts on the grounds it enshrines anti-white and anti-Christian bias into our criminal justice system.
“And if Labour won’t amend the law to prevent this, the will. There are few more important principles than equality under the law – we will fight tooth and nail to defend it.
“The Justice Secretary had a senior representative at the meeting this two-tier guidance was approved. She’s either completely clueless or she and two-tier Keir support the changes and are desperately trying to save face in response to public outrage.”
Defending the proposals, Lord Justice William Davis, Chairman of the Sentencing Council for England and Wales, said: “One of the purposes of the revised Imposition of community and custodial sentences guideline is to make sure that the courts have the most comprehensive information available so that they can impose a sentence that is the most appropriate for the offender and the offence and so more likely to be effective.
“The guideline emphasises the crucial role played by pre-sentence reports (PSRs) in this process and identifies particular cohorts for whom evidence suggests PSRs might be of particular value to the court.
“The reasons for including groups vary but include evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in circumstances of individual offenders that can only be understood through an assessment.
“PSRs provide the court with information about the offender; they are not an indication of sentence.
“Sentences are decided by the independent judiciary, following sentencing guidelines and taking into account all the circumstances of the individual offence and the individual offender.”