Sentencing Guidelines Criticized Over Potential for Unequal Justice

New UK sentencing rules face backlash over claims they could enable leniency for offenders from minority groups without requiring proof of identity.

The Sentencing Council's new guidelines recommend courts consider pre-sentence reports for offenders who may belong to minority groups, including ethnic, religious, or gender minorities, as well as neurodiverse or transgender individuals.
Critics argue the guidelines could create a 'two-tier justice system' by allowing offenders to claim minority status without proof, potentially leading to lighter sentences.
Judges and magistrates have warned that the additional pre-sentence report requirements could overwhelm the probation service and exacerbate court backlogs.
Proponents of the guidelines argue they aim to address longstanding racial disparities in sentencing, though the Sentencing Council acknowledged there is no conclusive evidence of bias in current practices.
Justice Secretary Shabana Mahmood and Shadow Justice Secretary Robert Jenrick have both raised concerns, with Jenrick proposing legislation to block the guidelines before their scheduled implementation on April 1.