Mahmood rejects sentencing changes after 'two-tier' claims

The justice secretary has called for the scrapping of planned changes which would make the background of offenders from minority groups a bigger factor when deciding whether to jail them.

Shabana Mahmood called for the Sentencing Council to reverse course, after the Conservatives accused Labour of overseeing "two-tier justice", in which prison sentences are less likely for ethnic or faith minorities.

On Wednesday, the council - which is independent but sponsored by the Ministry of Justice (MoJ) - published new guidelines for judges aimed at avoiding bias and cutting reoffending.

But Mahmood said she would write to its leaders to "register my displeasure and to recommend reversing" the change.

"As someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law, for anyone of any kind," Mahmood said.

"There will never be a two-tier sentencing approach under my watch."

The updated sentencing guidance, which is due to come into force from April, places a greater emphasis on the need for pre-sentence reports for judges.

Pre-sentence reports give judges details on the offender's background, motives and personal life before sentencing - then recommend a punishment and what would work best for rehabilitation.

But over recent years their use has decreased.

Magistrates and judges will be advised to get a pre-sentence report before handing out punishment for someone of an ethnic or faith minority - alongside other groups such as young adults, abuse survivors and pregnant women.

These factors are not an exhaustive list, the council said. A pre-sentence report can still be necessary if an individual does not fall into one of these cohorts.

In a social media post, shadow justice secretary Robert Jenrick said the new guidelines were biased "against straight white men".

"Under Two-Tier Keir [Starmer] our justice system is set to have an anti-white and anti-Christian bias," he said.

Pre-sentence reports were "the first step to avoiding a prison sentence", he argued.

Earlier on Wednesday, Jenrick told the House of Commons the changes were an "inversion of the rule of law" and would make "custodial sentence less likely for those 'from an ethnic minority, cultural minority, or faith minority community'".

Official figures show that offenders from ethnic minorities consistently get longer sentences than white offenders for indictable offences.

The previous government was also consulted on the sentencing changes when the council was considering reforms between November 2023 and February 2024.

In the Commons, Mahmood dismissed Jenrick's claims - telling MPs there would never be a "two-tier sentencing approach" under "this Labour government".

She waited several hours before announcing on social media that she had asked the Sentencing Council to undo the change.

Prior to Mahmood's call for the changes to be scrapped, the Sentencing Council said the changes were aimed at ensuring courts got full details on the offender and ensuring consistency in sentencing.

Analysis by the council has found offenders from some ethnic minority backgrounds are more likely to receive harsher sentences for drug offences.

Prison sentences have grown longer for ethnic minority offenders, driven in part by fewer pleading guilty, the council found.

Sentencing Council chairman Lord Justice William Davis said the updated guidelines would ensure courts had the "most comprehensive information available" to them before deciding on a punishment.

He said they took into account "evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in circumstances of individual offenders".

The Prison Reform Trust said there were "very good reasons" for changes to sentencing guidelines.

Mark Daly, the charity's deputy director, told Radio 4's The World Tonight: "It has always been a factor that has been on the mind of sentencers and in this guideline it is simply reflecting the fact that if we look at outcomes from sentencing, there is disproportionality.

"So we know already that if you are from a minority ethnic background you are more likely to receive a custodial sentence for an equivalent offence, particularly for certain types of offences such as drug offences, than you would if you were white."

"It seems to me that this current dispute is a bit of a storm in a tea cup," he added.

In other reaction to the Sentencing Council's announcement, Janey Starling, co-director of feminist campaign group Level Up, said the changes were a "huge milestone" in the campaign to end imprisoning pregnant women and mothers.

Liz Forrester, from the group No Births Behind Bars, said it finally recognised the "deadly impact" of prison on babies and pregnant women.