The Sentencing Council for England and Wales has declined to address Shabana Mahmood, the justice secretary, who has requested a review of the sentencing guidelines that she described as constituting a “two-tier” justice system.
Mahmood had criticized the rules set by the independent body responsible for creating judges’ sentencing guidelines, arguing they unfairly discriminated against white men. However, the sentencing council has stated that the guidelines are not in need of revision, attributing the controversy to a “widespread misunderstanding.”
In response, the justice secretary stated that “all options are on the table,” including legislative changes, following what she termed the council’s disappointing reaction. This stance reflects a significant setback for Mahmood, who had previously stated there would “never be a two-tier sentencing approach under my watch” and is considering reducing the sentencing council’s powers.
The revised guidelines aim at addressing impartiality and lowering reoffending rates by increasing the reliance on pre-sentence reports that outline the offender’s background and personal circumstances before sentencing. These changes would require magistrates and judges to consult pre-sentence reports before deciding on the imprisonment of individuals from ethnic or religious minorities, young adults, abuse survivors, and pregnant women.
Criticism has been drawn from Robert Jenrick, the shadow justice secretary, who claims these changes constitute a discriminatory stance against white men. In response, the council maintained that a pre-sentence report does not affect the likelihood of a prison sentence, emphasizing the importance of judges being well-informed about the offences, their effects on victims, and the backgrounds of offenders.
The revised guidelines reinforce a commitment to fair and informed treatment of offenders, asserting that any information provided should service this purpose exclusively. Mahmood’s formal objections to what she sees as differential treatment based on race, culture, or religion remain unaddressed, leaving ministerial and legislative intervention a possibility.
Under the current system, black and minority ethnic communities are disproportionately represented across the criminal justice process in England and Wales, experiencing higher incarceration rates and longer sentence lengths than their white counterparts.
Source: https://www.theguardian.com/law/2025/mar/28/sentencing-council-england-wales-rejects-calls-review-two-tier-justice-rules
