It was not quite at the eleventh hour – but it wasn’t too far off. The Sentencing Council has tonight decided to delay the introduction of so-called ‘two-tier guidance’ after being threatened with emergency legislation to block it by the government. The new guidelines, which had been due to come into force on Tuesday, would have required magistrates and judges to consult a pre-sentence report before deciding whether to imprison someone of an ethnic or religious minority, or a young adult, abuse survivor or pregnant woman.
Advocates of the move argued it would fix the disparity in sentencing between ethnicities. But critics claimed it would lead to criminals form minority backgrounds potentially avoiding jail by instead being handed more lenient community sentences. A stand-off developed between ministers and the 14-man Sentencing Council, which functions as an arm’s length body of the Ministry of Justice. Shabana Mahmood, the Lord Chancellor, announced plans this week to introduce emergency legislation to block the guidance after her initial letter to the council was scornfully rebuffed.
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