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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll