The Government faces sharp criticism for attempting to block new sentencing guidelines designed to address racial and cultural disparities within the criminal justice system. The independent Sentencing Council had proposed that courts seek a pre-sentence report (PSR) before sentencing offenders from ethnic, cultural, or faith minorities. These reports provide insight into an offender’s background and the context of their offence, often leading to more community-based sentences instead of prison time.
In response, the Government introduced the Sentencing Guidelines (Pre-sentence Reporters) Bill, arguing the new guidance could create differential treatment under the law, effectively establishing a “two-tier” justice system. This move has delayed the implementation of the updated rules to allow further parliamentary scrutiny.
Supporters of the guidance counter that the UK already operates a “two-tier” system marked by racial bias. The Lammy Review of 2017 exposed significant disparities in sentencing outcomes between minority groups and their white counterparts, highlighting entrenched inequalities.
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During a House of Lords debate on the Bill, the Bishop of Gloucester, Rt Rev Rachel Treweek, condemned the Government’s actions as “theatrical” and driven by political posturing. She emphasised that if resources are limited, prioritising PSRs for vulnerable groups with disproportionate outcomes makes sense. Citing the Lammy Review, she questioned if the Government truly believes these justice disparities are resolved. She lamented the use of sentencing guidelines to fuel “culture wars,” stressing that ignoring factors like race and faith in sentencing is both harmful and unrealistic.
Green Party peer Baroness Jones of Moulsecoomb argued the Government’s interference undermines the independent Sentencing Council’s efforts to address known inequalities. She asserted that the UK does have a two-tier justice system, with certain groups, including women and minorities, receiving harsher treatment. Jones described the Council’s proposals as measured and necessary—criticisms against them reflect political fears rather than reasoned debate.
Conversely, unaffiliated peer Baroness Fox of Buckley rejected the “culture war” label, calling it a slur that dismisses genuine concerns about equality in sentencing. She warned against using the justice system as a platform for addressing broader social grievances, cautioning against conflating justice with social policy.
Prisons Minister Lord Timpson defended the Government’s decision, stating that guidelines leading to different treatment based on race or ethnicity threaten public trust in the legal system. He maintained that sentencing must focus on individual circumstances, not personal characteristics, and insisted tackling disparities in criminal justice remains a matter for Government policy, not judicial guidance. Lord Timpson also acknowledged ongoing efforts to review racial disparity data, signalling the Government’s intent to explore appropriate next steps.
This debate highlights the tension between addressing systemic inequalities and concerns over fairness and uniformity in sentencing. The outcome will significantly shape UK criminal justice policy and public confidence.