Sentencing Council Slaps Down Mahmood’s Call to Scrap ‘Two-Tier’ Guidance – Guido Fawkes

Sentencing Council Slaps Down Mahmood’s Call to Scrap ‘Two-Tier’ Guidance

mdi-fullscreen

The two-tier justice row rumbles on, with the Sentencing Council now firing back at Justice Secretary Shabana Mahmood’s call to scrap their new guidance which some say makes it easier for minorities to avoid jail. In response to Mahmood’s letter, Council chairman Lord Justice William Davis hit back, accusing her of undermining the judiciary’s independence. He made it clear he “did not accept the premise of [her] objection” before delivering a pointed rebuke:

“In criminal proceedings, where the offender is prosecuted by the state, the state should not determine the sentence. If sentencing guidelines were influenced by Ministers of the Crown, this fundamental principle would be violated.”

The letter also notes that Mahmood did not ‘express concern’ previously:

“This is a very summary review of the way in which the Council determined (unanimously) that the terms of the Imposition guideline published on 5 March were necessary and appropriate. At no stage did the Lord Chancellor’s representative express any concern or reservation about the term now under debate. The walk through of the guideline with officials from the Ministry of Justice took place on Monday 3 March. Again no concern was expressed about the relevant term.”

It looks like Mahmood may now have to make good on her threat to “legislate in the Sentencing Bill” to overturn these new guidelines. She’s got 21 days to act…

Read the letter in full below: