Two-Tier Justice in Britain
all should be equal under the law
A "Get-out-of-jail-free card" for Muslims and non-whites?
The Sentencing Council for England and Wales has proposed changes intended to have the effect that if you're non-white or Muslim, you shouldn't have to go to prison for offences that white no non-Muslim lawbreakers would have to.
People are understandably upset by this, including government ministers Sarah Jones and Shabana Mahmood. The Guardian reports:
Ministers have criticised plans to make the ethnic background of offenders a greater factor in determining whether to jail them, saying they amounted to a “two-tier system” of justice.
Sarah Jones, the industry minister, said the government was opposed to guidance published on Wednesday by the Sentencing Council for England and Wales, which is an independent arm’s-length body.
The guidance, aimed at tackling bias and reducing reoffending, puts more emphasis on the need for pre-sentence reports, which give details of the offender’s background, motives and personal life before sentencing.
Under the change, which would come into force on 1 April, magistrates and judges would be asked to consult a pre-sentence report before determining whether to imprison someone of an ethnic or religious minority as well as young adults, abuse survivors and pregnant women.
Pre-sentencing reports often lead to reduced or non-custodial sentences, so the effect of this guidance would be that if you're non-white or Muslim, you'll be less likely to go to prison.
Given that there is already a widespread sentiment that there is two-tier policing in Britain, this is bound to be politically explosive.
Shabana Mahmood, the justice secretary, said overnight that she would write to the Sentencing Council to “register my displeasure and to recommend reversing this change to guidance”.
She added: “As someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law, for anyone of any kind. There will never be a two-tier sentencing approach under my watch.”
It would be deeply stupid for the government to go ahead with these changes as they would be a massive vote loser:
Ministers’ reference to “two-tier justice” will raise eyebrows. The term “two-tier Keir” was used by critics, including Elon Musk, to accuse the prime minister of taking a disproportionately tough approach to the far right and anti-immigration rioters after the Southport stabbing attack.
I have discussed "Two-Tier Keir" in a previous article.
The BBC adds:
Justice Secretary Shabana Mahmood has told the Sentencing Council she will review its powers and "legislate, if necessary", following a row over its new guidance on sending people to jail. The changes, which are due to come into force in England and Wales next month, would make the ethnicity or faith of an offender a bigger factor when deciding whether to jail them.
Ministers do not have the power to overturn the guidance, but in a letter Mahmood urged the council's chairman to reconsider "as soon as possible".
It seems to me absurd that the Justice secretary doesn't have the power to overturn the Sentencing Council, since justice is clearly in their remit.
What should happen
Firstly, the sentencing council shouldn't exist. The Justice Minister is the relevant person to deal with sentencing guidelines. If they wish, then by all means let them convene a committee to advise them, but in a democracy the minister, who is accountable to parliament and the electorate, has both the right and the duty to make the decision.
Secondly, the Justice Minister should reject these changes. Justice should be equal for everyone, regardless of their race, sex, age, religion, etc.
Thirdly, the Justice Minister should make sure that the individuals on the now-disbanded sentencing council never have any say in the future in how justice is administered, as they are unreliable as well as being nasty bigots.
Update 10-Mar-2025
A YouGov survey shows massive support for the position that whether an offender is from an ethnic, religious or cultural minority should make no difference in sentencing. Clearly the sentencing council are out of touch with what the people want.
