THE government on Friday (28) pledged it would legislate to prevent judges considering a convict's background, rejecting new "two-tier" sentencing guidelines about to take effect.
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.
But in correspondence published on Friday, 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.
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.
Leader of the opposition Tories Kemi Badenoch 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.
Tories' justice spokesman Robert Jenrick also branded the new rules "outrageous" and "blatant bias".
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 offence", he added.
(AFP)
