'Two-tier' justice row: UK sentencing plan factoring age, sex, and ethnicity suspended

The Sentencing Council for England and Wales has suspended plans that could have reduced the likelihood of prison sentences for some criminals based on ethnicity, age, or sex.

The decision came just hours before the guidelines were set to take effect, following government threats to introduce legislation blocking the changes.

The proposed guidelines, set to take effect in April, required judges to consider a defendant’s ethnic, cultural, or faith background before sentencing. Both the Labour government and opposition Conservatives rejected them, calling them a "two-tier" system.

The Labour government and the opposition Conservatives both oppose the new guidance – due to come into force in April – that would require a pre-sentence report examining a defendant's circumstances before handing out punishment for someone of an ethnic, cultural or faith minority.

The Sentencing Council – an unelected body that sets sentencing guidelines – refused a request from the government to reverse its proposals, meaning the government must present legislation to block the guidelines taking effect.

"The council concluded that the guideline did not require revision," the body's chairman William Davis said in a letter.

A spokesperson for Prime Minister Keir Starmer said the government was "disappointed" by the response. "All options are on the table. We've been clear, we will legislate if necessary," the spokesperson added.

The independent Sentencing Council is one of a number of independent bodies linked to the justice ministry which reviews and publishes guidelines. The reform would also be applied to other groups such as young adults aged 18-25, women and pregnant women.

Inherently unfair?

Secretary of State for Justice Shabana Mahmood told parliament earlier this month she was concerned the new guidance was inherently unfair.

"As somebody from an ethnic minority background, I do not stand for any differential treatment before the law for anyone," she said.

"There will never be a two-tier sentencing approach under my watch or under this Labour government," she added.

Kemi Badenoch, the leader of the opposition Conservatives, called on Mahmood to act urgently to avoid a "two-tier criminal justice system."

"Ministers should decide, not quangos," she said, using a term for independent administrative bodies.

The council's chairman has said the reasons for including different groups included "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."

The reforms would ensure "sentences are the most suitable and appropriate for the offender and offense," he added.