Robert Jenrick has warned the crisis could cost tens of millions (Image: – )
Plans to create a “two-tier” justice system could cost taxpayers “tens of millions” and plunge it ever further into crisis, Robert Jenrick declared.
The Shadow Justice Secretary will on Friday demand MPs block the Sentencing Council’s plans which are “vandalising the foundational principle of equality before the law”.
The hugely controversial guidance said pre-sentence reports, which are designed to “tailor” sentences most appropriate to an offender’s history and background, should be prepared if a criminal is “transgender” or from an ethnic minority.
The new plans could mean white criminals are more likely to be jailed than ethnic minorities offenders.
Justice Secretary Shabana Mahmood is under intense pressure to prevent the guidance coming in (Image: Getty Images)
Justice Secretary Shabana Mahmood has said she will use Labour’s upcoming Sentencing Bill to undo the plans, despite clashing with the Sentencing Council.
But Mr Jenrick fears that legislation won’t come into force for “at least a year”, plunging the UK into a two-tier justice crisis on April 1.
He told the Daily Express: “This two-tier sentencing guidance isn’t just deeply unfair.
“It will also likely cost the taxpayer tens of millions of pounds.
“It will blow a hole in the probation service’s budget and overwhelm them, creating delays that will mean victims have to wait longer for justice.
“The Justice Secretary was asleep at the wheel while her Department approved this guidance.
“Tomorrow she has a chance to fix her mess by backing my Bill to stop the two-tier system coming into force and preserve equality before the law.
“If Labour refuse, there will be two-tier justice under two-tier Keir in just 18 days time.”
He added: “The Sentencing Council concede they do not have conclusive evidence of disparities in the issuance of pre-sentence reports.
“They are seeking to correct an issue they can’t prove exists, and in the process are vandalising the foundational principle of equality before the law and imposing huge additional burdens on the courts and probation service. It defies common sense.”
Judges and magistrates warned the Sentencing Council that a “PSR [Pre Sentence Report] being requested for every offender that falls into a cohort on the list is not realistic considering the Probation Service’s resource limitations and the backlogs currently facing courts.
“The Council felt that, where there are limited court and/or probation resources, the inclusion of a list of cohorts for whom a PSR ‘will normally be considered necessary’ may help courts prioritise requests for PSRs for those with the most complex needs.”
Mr Jenrick on Tuesday presented a Bill to Parliament that would give the Government powers to block or rewrite sentencing guidelines issued by the council.
MPs will debate and vote on the proposals on Friday.
The guidance 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.”
But Sentencing Council documents have revealed “data is not available to understand what proportion of most of these groups currently receive a PSR, especially as there may be intersectionality between the groups”.
It added: “Offenders from an ethnic minority background are slightly less likely than white offenders to have a PSR prepared before receiving COs and immediate custodial sentences.”
Lord Justice William Davis, the chairman of the council, said that Ms Mahmood’s officials were fully briefed on the plans that had been three years in the making.
He said that ministers could not “dictate” sentencing and he would have to take legal advice on Mahmood’s powers over the council’s work.
This raises the bizarre possibility that the body advising judges on how to judge might decide to go to court for a ruling on whether the minister overseeing justice has any power to tell judges what to do.
Asked by Jo Coburn on Politics Live whether the Sentencing Council should be scrapped, after the Prime Minister today announced the abolition of NHS England and said there were too many other arm’s length bodies, Cabinet Office Minister Ellie Reeves said: “Well its right that [Justice Secretary Shabana Mahmood is] meeting with them and she has said that she’s not afraid to legislate if that’s what will be necessary. But there are 300 of these bodies across the country and its important that we do a review to make sure they are delivering, that they’re not blocking.
“It’s important that we look at all these bodies to make sure that they are delivering for people.”
The Prime Minister was labelled “Two Tier Keir” by critics last year over the Government’s response to the riots which followed the murders of three children in Southport. It was claimed some public incidents had been policed more harshly than others.
Sir Keir told the Commons on Wednesday: “Everyone should be equal before the law, that is why the Lord Chancellor has taken up the issue with the Sentencing Council.
“But he (Mr Snowden) needs to do his homework, because the proposal that he complains about was drafted in 2024, and the last government was consulted, and when they were consulted what did they say? They said they welcomed the proposal.
“I understand that the shadow justice secretary (Robert Jenrick) is taking the Sentencing Council to court. Perhaps he should add himself as the second defendant so he can get to the bottom of it.”