THE Sentencing Council has agreed to postpone their “two-tier” guidance after Sir Keir Starmer threatened to overrule them, The Sun understands.
A blazing row initially saw the quango twice refuse ministers’ demands to abandon their controversial edicts to judges.
Sir Keir Starmer threatened to overrule the Sentencing Council’s guidance[/caption]
It could have seen ethnic minority, religious and transgender criminals handed softer punishments by prioritising them for pre-sentence reports.
But the Sentencing Council leadership has backed down at the eleventh-hour and agreed to suspend implementing the guidance due to kick in tomorrow.
They caved as the PM prepared to table emergency laws giving ministers powers to overrule them.
Sir Keir said: “I’m very disappointed in the response of the Sentencing Council on this issue, which is why we will now bring forward legislation. There’s no other option. So we will do that.”
Justice Secretary Shabana Mahmood will tomorrow announce the legislation expected to be rushed into law after Easter.
The Sentencing Council has agreed to pause their guidance while this process happens to avoid confusion.
Downing Street today suggested judges could ignore the Sentencing Council’s guidance even before they backed down.
The PM’s spokesman said: “I mean, judges are rightly independent, but judges will always be taking decisions in the interests of justice, and judges will always be able to make final decisions on sentencing, regardless of information from pre-sentencing reports.”
He added that judges could take into account that “matter of public record that we’re introducing fast track legislation to reverse these guidelines.”
Home Office Minister Angela Eagle even refused to rule out the quango could be abolished altogether.
Former Labour Justice Secretary Jack Straw – who created the Sentencing Council – backed clipping its wings.
He told the Policy Exchange think tank: “I strongly support the Lord Chancellor and Secretary of State for Justice, Shabana Mahmood MP, in the position she is taking relating to the new Imposition Guideline that the Sentencing Council have published. It is clear that the Government will need to take steps to correct the error.
“Given the cross-party support for this to be resolved, as shown by the position of the Shadow Secretary of State, Robert Jenrick, I hope that this can be done quickly.”
Shadow Justice Secretary Mr Jenrick claimed victory after threatening legal action against the Sentencing Council.
He said: “The sentencing council had until 5pm to respond to my legal challenge or face an injunction. I was advised we had a strong chance of winning.
“They have folded under the pressure. Thank you to everyone who supported our campaign to save equality before the law.”
