Controversial sentencing guidelines that were due to come into force on Tuesday have been delayed after a political backlash.
The Sentencing Council, the independent body that sets out sentencing guidance to courts in England and Wales, was due to bring in new rules around how judges should determine punishment for people from ethnic minority backgrounds.
The new guidance states that a pre-sentence report – the results of which are taken into account when considering a criminal’s sentence – will “usually be necessary” before handing out punishment for someone from an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
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Shabana Mahmood, the justice secretary, had said the proposed guidance was “unacceptable” and amounted to “differential treatment before the law” as she urged the council to reverse it.
When the Sentencing Council initially refused her request, Ms Mahmood threatened to legislate to overturn the guidance if necessary.
She confirmed this evening that she would introduce legislation on Tuesday to block these guidelines coming into effect.
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The Sentencing Council has now 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: “This differential treatment is unacceptable – equality before the law is the backbone of public confidence in our justice system. I will change the law to ensure fairness for all in our courts.”
The Sentencing Council also attracted criticism from shadow justice secretary Robert Jenrick, who said its updated guidance was an example of “two-tier justice” that would lead to “blatant bias” against Christians and straight white men.
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He also argued that it would make “a custodial sentence less likely for those from an ethnic minority, cultural minority, and/or faith minority community” – something the council denied.
The council previously rejected calls from the government to abandon the guidelines, which ask judges to consider offenders’ racial, cultural and religious background when deciding a sentence.
Lord Davis denied that pre-sentence reports reduced the prospect of a jail sentence.
However, he said the council would provide “some clarification of the language” to avoid confusion.
