This new report from Policy Exchange, “Two-Tier Justice: Political accountability, the Sentencing Council and the limits of judicial independence”, examines the background, legal and policy framework that have led to the Sentencing Council’s two-tier sentencing guideline coming into force today – despite the outspoken opposition of the Lord Chancellor and Shadow Lord Chancellor.

The report argues both that (a) such differential treatment on the basis of ethnicity or religion is fundamentally at odds with the historical principle of equal treatment before the law; and (b) that it is entirely wrong that an Arm’s Length Body should be able to make such a fundamental changes to policy concerning the justice system without the consent of Parliament and over the active opposition of both the Lord Chancellor and her shadow in the Opposition.  

The report makes three core recommendations for the Lord Chancellor and Secretary of State for Justice:

1. The new Imposition of community and custodial sentences guideline should be abolished through an Act of Parliament – reverting to the pre-existing Imposition guideline previously issued in 2017 until such time as a new guideline is approved by Parliament. 
2. All future sentencing guidelines produced by the Sentencing Council should be required to be confirmed via order in Parliament prior to coming into effect. 
3. The government should legislate to prevent ethnicity, race, religion or membership of a “cultural minority” being a factor in determining the sentence imposed by a court, nor a factor in procedures which may influence the sentence such as pre-sentence reports.

The launch of this report was covered by:

• The Times
• The Sun
• The Mail Online
• The Independent
• The Express
• The Standard
• POLITICO