There’s been angry reaction to new guidelines – described by some as “two-tier sentencing” – which recommend judges consider whether a criminal is from a ethnic, cultural or faith minority before issuing a punishment.
The Sentencing Council, which sets out recommendations to courts in England and Wales, has issued fresh advice about how certain offenders should be processed.
But its updated guidance, which is due to come into force from April, has been described as enshrining a “double standard” by the shadow justice secretary Robert Jenrick.
He accused the council of setting rules which make “a custodial sentence less likely for those from an ethnic minority, cultural minority, and/or faith minority community”.
The independent body is now advising that a pre-sentence report (PSR) “will normally be considered necessary” before sentencing a criminal from an ethnic, cultural or faith minority.
A PSR assessment would also be expected for people from the transgender community and certain other groups, such as young adults aged 18 to 25, women and pregnant women.
Posting on X, Justice Secretary Shabana Mahmood said: “I will be writing to the Sentencing Council to register my displeasure and to recommend reversing this change to guidance.
“There will never be a two-tier sentencing approach under my watch.”
