Top Judges Defend Against Allegations of Unfair Justice System
Top judges have pushed back against accusations of enforcing a "two-tier justice" system that allegedly favors certain ethnic and gender groups. The Sentencing Council has rejected a demand from Justice Secretary Shabana Mahmood to reverse their recent court guidance.
Controversial New Rules Spark Backlash
Last week, the Sentencing Council introduced new guidelines instructing judges to consider a convict's ethnicity, faith, or gender when determining sentences, potentially leading to lighter penalties. This move has stirred significant controversy, with concerns raised about unequal treatment under the law.
Standoff between Labour Minister and Sentencing Council
Labour's Shabana Mahmood has threatened to strip the Sentencing Council of its authority and introduce legislation to counter their directives unless they retract the proposals. However, the Sentencing Council, led by chairman Lord Justice William Davis, has stood firm in its position.
Judicial Independence Upheld
Lord Justice Davis emphasized the importance of an independent judiciary in sentencing matters, stating that governmental interference in sentencing guidelines would undermine this fundamental principle. He highlighted that the judiciary, as an independent body, should maintain the authority in determining sentences.
Minister Vows Legislative Action
Despite the Council's refusal to backtrack on the guidance, Shabana Mahmood has reiterated her intent to explore legislative options to override their decisions. She has also indicated a review of the Sentencing Council's role and powers, questioning the involvement of ministers and parliament in such policy decisions.
Political Blame Game
Ms. Mahmood has sought to shift responsibility to the Conservative Party, claiming that they endorsed the changes while in government. The Ministry of Justice noted that former Conservative Sentencing Minister Gareth Bacon approved the guidelines back in February 2024.
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