Proposals for stronger powers over Sentencing Council guidelines blocked
Robert Jenrick’s Bill proposed that the Sentencing Council be prevented from issuing guidelines without the consent of the Secretary of State.
Proposed legislation to give the Justice Secretary greater power over the Sentencing Council’s guidelines has been blocked in Parliament, as Tory MP Robert Jenrick described the Prime Minister as “two-tier Keir”.
Shadow justice secretary Mr Jenrick’s Sentencing Council (Powers of Secretary of State) Bill proposed that the Sentencing Council be prevented from issuing guidelines without the consent of the Secretary of State.
The Secretary of State would also be given the power to amend sentencing guidelines before they are issued, under the Bill’s proposals.
Justice Secretary Shabana Mahmood had asked the council to reconsider its guidance for judges to consider a criminal’s ethnicity before deciding their punishment.
The independent body rejected the request.
In a post on X, Mr Jenrick said: “Labour have just blocked my Bill which would give the Justice Secretary the power to stop the two-tier sentencing rules. Their mask has slipped.
“In just 18 days we are set to have a two-tier justice system because of Two-Tier Keir.”
Last week the Sentencing Council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
Under the updated guidance, which comes into force from April, a pre-sentence report will usually be necessary before handing out punishment for someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
Ms Mahmood told the council that access to such a report should not be determined by ethnicity, culture or religion.
She said she was considering whether such policy decisions should be made by the Sentencing Council and what role MPs should play.
In the Commons on Friday, a shout of “object” could be heard as Mr Jenrick, MP for Newark, presented his private members’ Bill. This prevented it from receiving a second reading.
Mr Jenrick’s Bill was unlikely to be debated in the Commons because it did not secure a spot in the private members’ bills ballot for Friday sittings.
There are a limited number of Friday sittings in each parliamentary session, and debate on private members’ bills is only allowed between 9.30am and 2.30pm.
