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 Tuesday, 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'”.
The previous government was also consulted on the change when the the council was considering reforms between November 2023 and February 2024.
In the Commons, Mahmood dismissed Jenrick’s claims – telling MPs “there will never be a two-tier sentencing approach under my watch or 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 get full details on the offender and ensure 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 ensure sentences are “consistently and transparently applied by the courts and that such sentences are the most suitable and appropriate for the offender and offence before them”.
The Sentencing Council has yet to respond since the justice secretary’s latest intervention.
The proposed changes were welcomed by some campaigners.
Reacting to Sentencing Council’s announcement, Janey Starling, co-director of feminist campaign group Level Up, said the changes are 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 recognises the “deadly impact” of prison on babies and pregnant women.
