Robert Jenrick has slammed proposed “two-tier” sentencing plans that could mean groups such as women and ethnic minorities are less likely to get custodial sentences as “ludicrous and offensive”. The Shadow Justice Secretary said the law might need to be changed if the Sentencing Council goes ahead with what he described as “offensive” changes. The have also claimed a top civil servant of Justice Secretary Shabana Mahmood was in the meeting when the new guidelines were agreed.
Mr Jenrick said that rule of law means people do not get treated differently by the courts. He told Sky News on Thursday: “What worries me about these sentencing guidelines that were published yesterday – and which we uncovered – is that they do precisely that.
Robert Jenrick appearing on Sky News on Thursday (Image: Sky News)
“They say that you are less likely to get a custodial sentence because your case would be handled through a pre-sentencing report commissioned by a judge, if you’re a woman, if you’re trans, if you’re neurodiverse, if you’re an ethnic minority, if you’re from a minority faith group, which presumably means anyone who isn’t Christian.
“Essentially Christian and straight white men, amongst other groups, will be treated differently to the rest of society.
“And I think that’s wrong. I think that is an example of two-tier justice, and it will corrode public trust and confidence in the criminal justice system which clearly I don’t want to see.”
Ms Mahmood is calling for new guidance for judges – to consider a defendant’s ethnicity when deciding whether to send them to prison – to be reversed over concerns of “two-tier sentencing”.
The Sentencing Council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time, on Wednesday.
The updated guidance, which comes into force in April, details that a pre-sentence report would 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.
The independent body said a greater emphasis has now been placed on the “critical role” of pre-sentence reports, with more detail on when judges should request for the information to be compiled ahead of sentencing decisions.
This includes details about the circumstances of the crime and the offender.