What action has the justice secretary taken against the Sentencing Council?

Sky News

31-03-2025

Controversial sentencing guidelines that were due to come into force on Tuesday have been delayed after a fiery political showdown.
The Sentencing Council, the independent body that sets out guidance for courts in England and Wales, recently published new principles on how offenders from minority backgrounds should be sentenced.
The new guidance says that a pre-sentence report will "usually be necessary" before handing out punishment for someone of an ethnic, cultural or faith minority - alongside other groups such as young adults aged 18 to 25, women and pregnant women.
But the Sentencing Council confirmed tonight that these guidelines have been suspended - after Justice Secretary Shabana Mahmood said she would introduce legislation to block them coming into effect.
Why has the guidance been controversial?
The council, which is made up of lawyers and experts including the director of public prosecutions, says the new guidance does not affect what sentences are handed out and is simply about providing judges with more information about cohorts of people they may be "less well informed" about.
However, Ms Mahmood disagrees, and has argued the decision amounts to "differential treatment before the law".
Although the process of changing the guidance started under the previous Conservative government, the row has provided the Tories and Reform with an opportunity to attack Labour for presiding over a "two-tier" justice system, where some are treated more favourably than others.
Ms Mahmood has urged the council to reverse its new guidance, but that request was refused - prompting her to warn that "all options" were on the table and she would "legislate if necessary".
Here Sky News takes a look at what the justice's secretary decided to do.
Emergency bill
On Monday, the justice secretary announced that she would introduce legislation on Tuesday to block these guidelines entirely.
This emergency bill will likely state that the Sentencing Council's guidelines will not come into effect - in effect, reversing the guidance.
After announcing the move, she said the guidelines "create a justice system where outcomes could be influenced by race, culture or religion".
"This differential treatment is unacceptable - equality before the law is the backbone of public confidence in our justice system," the minister added. "I will change the law to ensure fairness for all in our courts."
The government is able to do this because of parliament's sovereignty.
How did the Sentencing Council react?
Shortly afterwards, the Sentencing Council announced it had delayed the "in force date of the guideline pending such legislation taking effect".
It said in a statement that the council "remains of the view that its guideline, imposition of community and custodial sentences, as drafted is necessary and appropriate".
However, in a meeting between the chairman Lord Justice Davis and Ms Mahmood on Monday, the minister "indicated her intention to introduce legislation imminently that would have the effect of rendering the section on 'cohorts' in the guideline unlawful".
The council said it is unable to introduce a guideline when there is a draft bill due for introduction that would make it unlawful.
Ms Mahmood said she was "grateful" to the Sentencing Council for delaying the implementation of its new guidelines.
Guidance won't be changed until after Easter
But because the House of Lords rises for the Easter recess on 3 April and is needed to approve any legislation, the emergency bill cannot pass this week.
Ministers are expected to push though the bill as quickly as possible when both houses of parliament return from the Easter recess on 22 April.
Long-term reform
In the longer term, the row with the Sentencing Council has prompted a wider debate about its role and responsibilities.
Critics believe the council has over-stepped its role and is veering into policy, which should be the preserve of politicians - something the body's chair has rejected.
The government is already undertaking a review into the role of the organisation, but it is not yet known when that will conclude.
As part of that consultation, there are a number of options the government could consider if it wants to mitigate the Sentencing Council's powers.
For example, Ms Mahmood could strip the Sentencing Council of its ability to issue guidelines in the first place - something that would no doubt provoke a backlash within the judiciary.
A bolder move would be to abolish the Sentencing Council entirely, in line with the government's anti-quango agenda following the abolition of NHS England.
Finally, another option the secretary of state could undertake is to pass legislation that would prevent the Sentencing Council from issuing guidelines without her consent - something Conservative MP Robert Jenrick attempted to do recently through a private member's bill.