Robert Jenrick has blasted the latest proposals (Image: Getty)
Ethnic minority criminal suspects are being given priority by judges considering bail under new two-tier justice guidelines.
Judges and magistrates should “prioritise” cases involving ethnic minorities, women and transgender suspects because they may be at “disproportionately higher risk” of being remanded into custody.
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The controversial new guidance also advises judges to consider “important historical events which may have had a greater impact on those from specific groups and cultures”.
This means they could take account of trauma suffered by suspects whose relatives experienced racism or discrimination
Shadow Justice Secretary Robert Jenrick said: “Labour tried to hoodwink the public that they opposed ‘two-tier justice’, but this proves they are peddling it.
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"From bail through to sentencing, Two-Tier Keir is presiding over a justice system determined to treat ethnic minorities more leniently.
“Instead of equality before the law, the Justice Secretary’s department believes in cultural relativism. This is a flagrant attack on the rule of law, and will put the British public at risk.”
Judges are urged to consider “additional support” and reports on such groups in deciding whether to free people on bail or detain them, according to guidance issued by the Ministry of Justice in January for courts and probation staff.
The MoJ guidance also outlines that it is “vital that the pre-sentence report assessment considers the defendant’s background and culture and whether they have experienced trauma from experiences of racism or discrimination”.
It adds: “Trauma may have been experienced personally, by those known to the defendant, inter-generationally and relayed to the defendant, or as a result of important historical events which may have had a greater impact on those from specific groups and cultures.”
Justice Secretary Shabana Mahmood is expected to this week introduce emergency legislation to block the guidelines. She could also overhaul the role and powers of the Sentencing Council.
Labour was left “humiliated” after the Sentencing Council rejected calls to abolish its hugely controversial new guidelines that could see white criminals jailed for longer than ethnic minority offenders.
Judges are being told to consider an offender’s racial, cultural and religious background when deciding whether to impose a custodial or community sentence.
Justice Secretary Shabana Mahmood urged the Sentencing Council to reverse the plans.
But the quango on Friday defended the plans and rejected calls to change the guidelines, meaning they will come in on April 1, setting up a showdown between ministers and judges.
Shadow Justice Secretary Robert 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.”
Downing Street said on Friday that “all options are on the table”, including emergency legislation, as the Government reviews the role and powers of the Sentencing Council.
The escalating row between ministers and the judiciary comes after the Council proposed rules that would have required judges to consider the ethnicity of criminals when passing sentences.
Prime Minister Sir Keir Starmer said he was “disappointed in this response,” adding: “We are considering our response and all options are on the table.”
The Sentencing Council 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.
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“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.
“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.”
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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.
"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."