header-logo header-logo

02 April 2025
Issue: 8111 / Categories: Legal News , Criminal
printer mail-detail

Furore over judges’ guideline

The Sentencing Council has suspended its guideline after the Lord Chancellor threatened to introduce blocking legislation, in an extraordinary political row over ‘two-tier’ justice.

The guideline, ‘Imposition of community and custodial sentences’, required judges and magistrates to consult a pre-sentence report before sentencing someone of an ethnic or religious minority, or a young adult, abuse survivor or pregnant woman.

Shabana Mahmood, the Lord Chancellor, has drafted a short Bill in response, stating ‘specific cohorts’ should not be singled out for ‘differential treatment’.

The stand-off between the Lord Chancellor and Sentencing Council came to an end one day before the guideline was due to take effect on 1 April. The Sentencing Council agreed to ‘delay the in-force date of the guideline pending such legislation taking effect’.

It stated it ‘remains of the view that its guideline… as drafted is necessary and appropriate.

‘The Lord Chancellor and the Chairman of the Sentencing Council met this morning. At that meeting, the Lord Chancellor indicated her intention to introduce legislation imminently that would have the effect of rendering the section on “cohorts” in the guideline unlawful.’

The Sentencing Council, an independent statutory body, has robustly defended its guideline throughout the row, which erupted after shadow justice secretary Robert Jenrick said the guideline made a custodial sentence less likely for someone from an ethnic or religious minority. Both Mahmood and the prime minister, Sir Keir Starmer, urged the Council to drop the guideline, but it refused.

In a letter to Mahmood last week, Lord Justice William Davis, the Council’s chair, argued the guideline had been misunderstood. He highlighted judges ‘must do all that they can’ to avoid a difference in outcome based on ethnicity.

‘The crucial point is that a pre-sentence report will provide information to the judge or magistrate,’ he wrote. ‘It will not determine the sentence.’ 

Issue: 8111 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll