The justice secretary will be given the power to veto changes to sentencing guidelines proposed by an independent body, following a “two-tier justice” row.
The government has announced a new legal requirement for Sentencing Council guidelines to be agreed by the Justice Secretary before they are issued to courts in England and Wales.
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The Sentencing Council is an independent, non-departmental public body made up of senior legal figures that issues guidelines to courts in England and Wales.
It was at the centre of the row earlier this year after advising judges to factor in the backgrounds of offenders as part of the sentencing process.
The proposed guidelines said courts should “normally consider” ordering a pre-sentence report (PSR) for criminals if they were from an ethnic, cultural minority or faith minority community, transgender, under the age of 25, pregnant or female.
PSRs are taken into account when considering a criminal’s sentence.
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The council said at the time that the recommendation was aimed at reflecting disparities in sentencing outcomes.
According to the most recent government statistics, since 2018 white defendants are more likely to have a shorter jail sentence than any other ethnic group.
However, the Tories called it an example of “two-tier” justice, arguing it was biased against Christians and straight white men.
Justice Secretary Shabana Mahmood also expressed her “displeasure” at the body’s recommendations, arguing that “as someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law”.
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The council rejected her calls for a re-think but abandoned the guidelines after ministers threatened emergency legislation to override it.
The new law means the Sentencing Council will be unable to issue new guidelines without the explicit approval of the justice secretary or the lady chief justice, who is head of the judiciary.
If either one of them opposes the guidance, it will not be issued.
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Justice officials said the change will “end a historic democratic deficit, ensuring Parliament’s legitimate role in setting the sentencing framework”.
Ms Mahmood said: “Individual sentencing decisions will always be the responsibility of the independent judiciary – and this is something I will staunchly defend.
“However, policy must be set by parliamentarians, who answer to the people.
“Government and Parliament have a legitimate role in setting the sentencing framework. It is right that we now have greater democratic and judicial oversight of the direction of the Council’s work and the final guidelines they publish.”
The Sentencing Council declined to comment to Sky News.
The changes will be brought in as part of the Sentencing Bill, which is being introduced in the House of Commons on Tuesday.
The legislation also contains plans aimed at tackling prison overcrowding, including what the Ministry of Justice has dubbed as “Texas-style earned release sentences” – where prisoners are freed earlier based on good behaviour.
The changes will also abolish most short-term prison sentences and toughen up community punishments.
