The Justice Secretary is pushing to have controversial sentencing guidelines overturned within days by pushing emergency legislation through parliament.
Shabana Mahmood is understood to want to have a focussed new law introduced into parliament this week with all stages completed before MPs leave for the Easter recess on Thursday.
Ms Mahmood has the backing of the prime minister Sir Keir Starmer who confirmed that the new law will at least be introduced this week, expressing his “disappointment” with the Sentencing Council.
The government wants to introduce the law change in Parliament to override the new guidance for judges, which says a pre-sentence report will usually be needed 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.
The Sentencing Council which came up with the guidelines has refused to back down after Ms Mahmood joined Tory shadow minister Robert Jenrick and other in putting it under cross party pressure.
It means that the only way to scrap the guidelines is to pass a law. In the longer term Ms Mahmood is also looking at the long term role of the Sentencing Council and whether to introduce a ministerial veto or change its powers.
However, her hopes to scrap the guidelines before the East recess may run into trouble because the House of Lords, which will need to approve the Bill, starts its recess on Thursday.
But backing his minister, Sir Keir told GB News: “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. We will fast track it, and the Lord Chancellor will set out further details.”
Meanwhile, a Home Office minister confirmed Ms Mahmood i “considering all her options” when it comes to the Sentencing Council.
Dame Angela Eagle said Shabana Mahmood is “considering the best way to make progress” after the body refused a request to reconsider its guidance on how offenders from minorities should be sentenced.
Critics fear the change changes could discriminate against those who do not fit into these groups.
Asked whether pre-sentence reports will be removed for all people the Council suggested could need one, asylum minister Dame Angela told Times Radio: “The Secretary of State for Justice is looking at that.
“She’s talked to the Sentencing Council, she’s now considering the best way to make progress on the situation that we find ourselves in.”
Asked whether the Sentencing Council should be got rid of altogether, she said: “I’m sure that she’s considering all her options when it comes to this particular quango.”
The latest guidance from the council, due to come into force on April 1, includes new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
A former lord chief justice of England and Wales has said that the “last thing anyone wants” is politicians being involved in deciding individual sentences, but also said judges would not be wanting to set policy.
Lord Thomas of Cwmgiedd told BBC Radio 4’s Today programme: “It’s obviously for Parliament to decide what the law is, but these are difficult issues.
“The last thing anyone would want is politicians involved in deciding individual sentences.
“And the last thing the judges would want is deciding ultimately on penal policy that is for the Government.”
Shadow justice secretary Robert Jenrick has said that there should be “guidelines” provided to judges and magistrates on sentencing, but there should also be “a degree of ministerial oversight”.
The senior Tory, whose party was in Government when the guidelines were first approved told Times Radio: “I think you do want to have guidelines provided to judges and magistrates so that there is a very high degree of consistency across the country in the way in which sentences are passed down.
“And so it’s right that they provide guidance and that they keep that under continuous review.
“It is also important, however, that there is a degree of ministerial oversight over that.
“So if they stray into policy and political decisions of great importance to the justice system, as has happened in this case, ministers such as the Justice Secretary can intervene.”
Now Labour introduce biased rules for bail, prioritising ethnic minorities.
— Robert Jenrick (@RobertJenrick) March 31, 2025
And ask probation services to consider the ‘culture’ of the defendant and their ‘inter-generational trauma’.
That’s not equality before the law.
That’s two-tier justice under Two-Tier Keir. pic.twitter.com/j1tu2fNuQg
Jack Straw, who was justice secretary when the Sentencing Council was created in 2010, has backed Ms Mahmood in taking “steps to correct the error” of the guidelines.
He told the Policy Exchange think tank: “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.”
