Shabana Mahmood has been locked in a war of words with the Sentencing Council (Image: Getty)
The prospect of “two-tier justice” edged even closer on Friday after the Sentencing Council defended hugely controversial new guidelines.
The guidance said pre-sentence reports, which are designed to “tailor” sentences most appropriate to an offender’s history and background, should be prepared if a criminal is from an ethnic minority or transgender.
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Justice Secretary Shabana Mahmood urged the quango to reverse the plans and threatened to abolish the Sentencing Council or restrict their powers if they refused.
Shadow Justice Secretary Robert Jenrick also claimed the plans could cost taxpayers tens of millions.
But the Sentencing Council on Friday defended the plans and rejected calls to change the guidelines, meaning they will come in on April 1.
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And Mr Jenrick declared: "Shabana Mahmood has been humiliated by the Sentencing Council.
"In three days time we will have two-tier sentencing because of her and Two-Tier Keir. It is shameful they sat on their hands and chose not to legislate to prevent two-tier justice."
David Spencer, Head of Crime and Justice, Policy Exchange: "The Sentencing Council's refusal to change their position is remarkable – and yet another example of how, as Policy Exchange has long argued, too many arm’s length bodies have been given the power to set policy and frustrate the will of the elected Government.
"By defending prioritising pre-sentence reports for ethnic minority criminals the Chairman of the Sentencing Council is entrenching two-tier justice within our court system. The Lord Chancellor has rightly said she will, if necessary, legislate to overturn this – she should do so without delay.”
Robert Jenrick has blasted the proposals (Image: Getty)
They told Ms Mahmood: “For most of the cohorts, the need for a pre-sentence report arises from some characteristic of the offender.
"In the case of ethnic, cultural and faith minority groups, the issue is the need to provide full information to the sentencing court. The Council consulted on the inclusion of a list of cohorts.
“As I explained in my previous letter, the overall response to the consultation was positive.
“The crucial point is that a pre-sentence report will provide information to the judge or magistrate. It will not determine the sentence. Rather, it will leave the judge or magistrate better informed about the offender.”
The new plans could mean white criminals are more likely to be jailed than ethnic minorities offenders.
But the Sentencing Council told the Justice Secretary: “As you say in your letter, there is a difference in sentencing outcomes for ethnic minorities.
“The Council agreed that any systemic issue relating to different ethnic groups will be a matter of policy.
“It is not for judges to introduce overarching policies to redress the imbalance. However, sentences are imposed by judges and magistrates.
“Any judge or magistrate required to sentence an offender must to do all that they can to avoid a difference in outcome based on ethnicity.
“The judge will be better equipped to do that if they have as much information as possible about the offender.
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“The cohort of ethnic, cultural and faith minority groups may be a cohort about which judges and magistrates are less well informed.
“In our view, providing the sentencing court with information about that cohort could not impinge on whatever policy might be introduced to deal with the underlying problem.
“Provision of a pre-sentence report in an individual case cannot have damaging consequences for wider policy making.”
Responding to the news that her suggestion had been rejected, Ms Mahmood said: "I have been clear in my view that these guidelines represent differential treatment, under which someone's outcomes may be influenced by their race, culture or religion.
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"This is unacceptable, and I formally set out my objections to this in a letter to the Sentencing Council last week.
"I am extremely disappointed by the Council's response. All options are on the table and I will legislate if necessary."
This is a breaking story. More to follow.