The Sentencing Council has agreed at the last minute to suspend plans to introduce guidelines which critics claimed would create a “two tier” legal system.
The move followed immense political pressure on the arms length body with Keir Starmer and his justice secretary Shabana Mahmood planning through emergency legislation in parliament this week to overturn plans to treat certain categories of offenders differently.
The new guidance for judges would have meant a pre-sentence report would 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 issue was first raised by Tory shadow justice secretary Robert Jenrick who had been planning to go to court tomorrow to force a pause in the implementation of the guidelines.
This followed the Sentencing Council rejecting demands from Ms Mahmood to scrap the plans.
But faced with government legislation to block the changes, the Sentencing Council, which is meant to be independent of politics, insisted the new instructions were "necessary and appropriate" but would not be implemented while the introduction of a Bill was imminent.
However, the row could see further consequences with Ms Mahmood looking at changes to the arms length body and possibly introducing a veto.
In the short term she 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 had the backing of the prime minister Sir Keir Starmer, who said before the Sentencing Council U-turn that the bill would at least be introduced this week, expressing his “disappointment” with the Sentencing Council.
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. We will fast track it, and the Lord Chancellor will set out further details.”
In a subsequent statement on Monday evening, the council said in a statement: "The Lord Chancellor and the chairman of the Sentencing Council met this morning. At that meeting, the Lord Chancellor indicated her intention to introduce legislation imminently that would have the effect of rendering the section on 'cohorts' in the guideline unlawful.
"The Lord Chancellor also shared details of that draft legislation as it is likely to be introduced. The chairman indicated that the council would not introduce a guideline when there is a draft Bill due for imminent introduction that would make it unlawful.
"On that basis, the council, an independent statutory body, has chosen to delay the in-force date of the guideline, pending such legislation taking effect."
Taking to Twitter, Mr Jenrick also declared victory.
He described the decision as “a victory for common sense.”
He added: “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.”
Critics fear the changes could discriminate against those who do not fit into the groups highlighted under the guidelines.
The latest guidance from the council, was due to come into force on Tuesday April 1, and included 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.”
But 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.”
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