UK government to introduce legislation preventing sentencing guidelines for ethnic minority offenders

The Lord Chancellor will present the bill to Parliament today, April 1st, 2025, with the goal of fast-tracking it into law.

According to the UK Government, the new legislation will stop guidelines set by the Sentencing Council from taking effect.

These guidelines would have allowed different sentencing for individuals based on their ethnicity or culture, specifically in relation to Pre-Sentencing Reports. These reports are used by judges to help determine sentencing decisions.

The Lord Chancellor, Shabana Mahmood, has expressed concerns over the impact of the proposed guidelines.

“These guidelines create a justice system where outcomes could be influenced by race, culture, or religion,” said Mahmood.

“This differential treatment is unacceptable – equality before the law is the backbone of public confidence in our justice system.” 

The UK Government plans to work with Parliament to ensure the legislation is debated and passed swiftly. The bill, known as the Sentencing Guidelines (Pre-sentence Reports) Bill, will clarify that guidance on sentencing should not treat different groups of people unequally.

Mahmood acknowledged the importance of acting quickly on the matter, stating that the legislation would be introduced in the House of Commons and expedited through the necessary processes to secure Royal Assent as soon as possible.

The Lord Chancellor raised formal objections to the Sentencing Council’s proposed guidelines, which were set to come into effect on April 1st, 2025. Mahmood’s objections were centered around the notion that the guidelines would lead to different treatment of offenders based on their ethnicity or religion, a step the government deemed incompatible with the principles of fairness in the justice system.

“I will change the law to ensure fairness for all in our courts, and I’m grateful to the Sentencing Council for delaying implementation while Parliament considers the Bill,” Mahmood added.

The delay in the implementation of the guidelines allows for further discussion and review before any changes are made.

With the introduction of the new legislation, the UK government seeks to clarify the role of Pre-Sentencing Reports and ensure they do not result in discriminatory practices. The government, as stated, is driven to be committed to fairness and equality in the justice system, as reflected in the swift action to block the proposed guidelines.

This move highlights the government’s stance on maintaining equality before the law and protecting public trust in the justice system.