Government Scrambles to Override ‘Two-Tier’ Guidance With Emergency Legislation – Guido Fawkes

Government Scrambles to Override ‘Two-Tier’ Guidance With Emergency Legislation

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The government is set to push through emergency legislation this week to “surgically remove” the Sentencing Council’s new ‘two-tier’ guidelines after top judges flatly rejected Justice Secretary Shabana Mahmood’s plea to rethink the rules. Justice Secretary Mahmood had slammed the Council’s guidance, stating, “The appearance of differential treatment before the law is particularly corrosive.” The new guidance comes into effect tomorrow. Optimistic government voices claim the “surgery” can be done within a week – others say it will take much longer…

The government is scrambling to rush its emergency legislation through both the Commons and Lords, though a Ministry of Justice insider admits: “There is no world in which these guidelines don’t take effect as planned.” Meanwhile, the Sentencing Council’s defiance has reignited concerns over the “democratic deficit” within the quango, with government sources hinting at wider reforms in Labour’s upcoming sentencing bill. Labour’s sentencing tsar, David Gauke, could use the legislation to tighten ministerial control over the Council. Shadow Justice Secretary Robert Jenrick was scathing, branding Labour’s last-ditch attempt “too little, too late.” The two-tier guidance was flagged over a month ago. How many two-tier sentences will now be decided thanks to Mahmood’s failure to act in time?