UK: Starmer 'disappointed' that Sentencing Council won't change guidelines on 'two-tier justice'

The UK prime minister, Keir Starmer, has warned that "all options are on the table," including the possibility of legislation, in a growing dispute with the Sentencing Council for England and Wales over new judicial guidelines that have been criticized for establishing a "two-tier" sentencing system.

The guidelines, which will take effect on April 1, 2025, have generated controversy for focusing on specific demographic groups.

The guidelines require magistrates and judges to solicit pre-sentence reports. Some documents detailing the background, motives and personal circumstances of offenders before deciding whether to impose prison sentences on ethnic or religious minorities, young adults, abuse survivors and pregnant women.

The Sentencing Council argues that this approach ensures judges make informed decisions, but critics such as Robert Jenrick, the Conservative Party's shadow justice secretary, have charged that the measures implicitly discriminate against white men.

“To me this seems like blatant bias particularly against Christians and against straight white men,” Jenrick said.

Starmer expressed frustration following the Sentencing Council's refusal to retract, despite pressure from his government. "I’m disappointed at this outcome, and now we will have to consider what we do as a result," he told the media on Friday.

Similarly, the justice secretary, Shabana Mahmood, has also been forceful in her opposition.

In a letter sent earlier this month to Council chairman Lord Justice William Davis, she called for the change to be ruled out, stating that "there will never be a two-tier sentencing approach under my watch.”

Following the Council's response, which she deemed "unacceptable," Mahmood reiterated, “I have been clear in my view that these guidelines represent differential treatment, under which someone’s outcomes may be influenced by their race, culture or religion. This is unacceptable, and I formally set out my objections to this in a letter to the Sentencing Council last week. I am extremely disappointed by the Council’s response. All options are on the table and I will legislate if necessary.”

However, Davis defended the council's position, stating that "the guideline did not require revision" and attributing the controversy to a "widespread misunderstanding."