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Judges slam new two-tier sentencing rules as ‘conflict with equality’ amid fierce backlash

TWO-tier sentencing rules were pushed through despite judges saying they would “conflict with equality”.

A consultation held before the guidance was officially announced last week reveals deep unease with the Sentencing Council’s proposals.

Shabana Mahmood, Secretary of State for Justice, walking to a cabinet meeting.

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Justice Secretary Shabana Mahmood has hauled in Sentencing Council bosses to once again demand they drop their guidance.Credit: Rex
Golden statue of Lady Justice atop the Old Bailey.

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Judges and politicians fear the new guidelines will tip the scale of justice in favour of minority groupsCredit: Alamy

From April 1, judges will take into account a convict’s ethnicity, religion and gender when deciding whether to impose a jail term – sparking fears they could get softer sentences.

A summary of the consultation says: “Many individual respondents, including some magistrates, did not believe there should be a cohort list at all, mostly citing reasoning around the idea that the list is biased and conflicts with equality in sentencing.”

Justice Secretary Shabana Mahmood has hauled in Sentencing Council bosses to once again demand they drop their guidance.

Following her meeting with them, Ms Mahmood will submit her formal objections in writing before the guidance kicks in on April 1.

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While the issue remains unresolved, allies said the talks were “constructive” and that the quango is open to hearing new complaints ahead of the rules being imposed.

Yesterday Lord Sewell – the government’s former racial disparities tsar – called for the Sentencing Council to be scrapped.

Asked if Ms Mahmood should legislate to overrule them, he told Times Radio: “Definitely. And in fact, to be honest, go further and just abolish the quango.”

Tory Robert Jenrick added: “‘This two-tier sentencing guidance isn’t just deeply unfair, it will also likely cost the taxpayer tens of millions of pounds.

“It will blow a hole in the probation service’s budget and overwhelm them, creating delays that will mean victims have to wait longer for justice.”

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