A row over pre-sentence reports has erupted after guidelines were changed to recommend them for criminals from an ethnic, cultural or faith minority.
The Sentencing Council has set out the recommendations to courts in England and Wales, but Justice Secretary Shabana Mahmood said she does not agree with them and wants them to be reversed.
However, the council is independent, so she cannot order them to change the guidance.
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Conservative shadow justice secretary Robert Jenrick called it “two-tier justice” and said there was “blatant bias” against Christians and straight white men as they are not on the list for a pre-sentencing report.
He also accused Ms Mahmood of knowing about the policy and either changing her mind or being “asleep at the wheel”.
Sky News looks at what pre-sentence reports are and the recommended changes.
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What are pre-sentence reports?
When someone is convicted of a crime the court can use a pre-sentence report (PSR) to help them determine a custodial sentence or community order.
A PSR must be obtained unless the court considers it unnecessary. A defence lawyer can also request a report if they believe there are significant mitigating circumstances.
A probation officer from the Probation Service, an impartial government body, prepares and writes up the report following an interview with the defendant.
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What is included in a PSR?
A PSR will include a defendant’s personal history, including their age, education, family background, employment status, living conditions, mental health concerns and any drug or alcohol dependencies.
Any previous criminal convictions will also be included, as well as if the defendant is currently subject to probation intervention through a community order or suspended sentence, or licence.
Their current or previous compliance with the Probation Service will be revealed.
A detailed account of the offence and any aggravating or mitigating circumstances must be included.
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The report will consider the risk a defendant poses to the victim, children, the public and themselves.
An assessment of the defendant’s mental health can be included and any substance misuse history so the court can better understand their circumstances.
A defendant’s thought process while committing the crime is vital for the report as it helps the court demonstrate the level of remorse, culpability and motivation to comply with the Probation Services.
The final part of the report consists of a recommended sentence, which takes into account sentence guidelines as well as the individual’s needs.
Why wouldn’t a PSR be obtained?
A judge can decide a report is unnecessary in certain cases, especially if the offence is minor, the offender has a clean criminal record or the circumstances make the potential sentence clear.
Do judges always accept PSR sentencing advice?
They do not have to adhere to the PSR’s recommended sentence, however, a magistrates’ court nearly always accepts the recommendation.
It is quite common for Crown Court judges to pass a completely different sentence.
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What are the guideline changes?
The Sentencing Council changed its guidelines following public consultation on 5 March, to come into effect on 1 April.
It says a PSR should “normally be considered” if the offender belongs to one, or more, of these groups:
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• Is at risk of first custodial sentence and/or at risk of a custodial sentence of two years or less
• Is a young adult (18-25 years)
• Is female
• Is from an ethnic minority, cultural minority, and/or faith minority
• Is pregnant or post-natal
• Is a sole or primary carer for dependent relatives
• Has disclosed they are transgender
• Has or may have addiction issues
• Has or may have a serious chronic medical condition, physical disability, mental ill health, learning disabilities or brain injury
• The offender is considered to be a victim of domestic abuse, physical/sexual abuse, violent/threatening behaviour, coercive/controlling behaviour, other abuse, modern slavery, coercion, grooming, intimidation or exploitation.
The council says the list is non-exhaustive and PSR can be necessary if the defendant is not in one of those categories
