logo
What action has the justice secretary taken against the Sentencing Council - and how did they respond?

What action has the justice secretary taken against the Sentencing Council - and how did they respond?

Sky News31-03-2025

Controversial sentencing guidelines that were due to come into force on Tuesday have been delayed after a fiery political showdown.
The Sentencing Council, the independent body that sets out guidance for courts in England and Wales, recently published new principles on how offenders from minority backgrounds should be sentenced.
The new guidance says that a pre-sentence report will "usually be necessary" before handing out punishment for someone of an ethnic, cultural or faith minority - alongside other groups such as young adults aged 18 to 25, women and pregnant women.
But the Sentencing Council confirmed tonight that these guidelines have been suspended - after Justice Secretary Shabana Mahmood said she would introduce legislation to block them coming into effect.
Why has the guidance been controversial?
The council, which is made up of lawyers and experts including the director of public prosecutions, says the new guidance does not affect what sentences are handed out and is simply about providing judges with more information about cohorts of people they may be "less well informed" about.
However, Ms Mahmood disagrees, and has argued the decision amounts to "differential treatment before the law".
Although the process of changing the guidance started under the previous Conservative government, the row has provided the Tories and Reform with an opportunity to attack Labour for presiding over a "two-tier" justice system, where some are treated more favourably than others.
Ms Mahmood has urged the council to reverse its new guidance, but that request was refused - prompting her to warn that "all options" were on the table and she would "legislate if necessary".
Here Sky News takes a look at what the justice's secretary decided to do.
Emergency bill
On Monday, the justice secretary announced that she would introduce legislation on Tuesday to block these guidelines entirely.
This emergency bill will likely state that the Sentencing Council's guidelines will not come into effect - in effect, reversing the guidance.
After announcing the move, she said the guidelines "create a justice system where outcomes could be influenced by race, culture or religion".
"This differential treatment is unacceptable - equality before the law is the backbone of public confidence in our justice system," the minister added. "I will change the law to ensure fairness for all in our courts."
The government is able to do this because of parliament's sovereignty.
How did the Sentencing Council react?
Shortly afterwards, the Sentencing Council announced it had delayed the "in force date of the guideline pending such legislation taking effect".
It said in a statement that the council "remains of the view that its guideline, imposition of community and custodial sentences, as drafted is necessary and appropriate".
However, in a meeting between the chairman Lord Justice Davis and Ms Mahmood on Monday, the minister "indicated her intention to introduce legislation imminently that would have the effect of rendering the section on 'cohorts' in the guideline unlawful".
The council said it is unable to introduce a guideline when there is a draft bill due for introduction that would make it unlawful.
Ms Mahmood said she was "grateful" to the Sentencing Council for delaying the implementation of its new guidelines.
Guidance won't be changed until after Easter
But because the House of Lords rises for the Easter recess on 3 April and is needed to approve any legislation, the emergency bill cannot pass this week.
Ministers are expected to push though the bill as quickly as possible when both houses of parliament return from the Easter recess on 22 April.
Long-term reform
In the longer term, the row with the Sentencing Council has prompted a wider debate about its role and responsibilities.
Critics believe the council has over-stepped its role and is veering into policy, which should be the preserve of politicians - something the body's chair has rejected.
The government is already undertaking a review into the role of the organisation, but it is not yet known when that will conclude.
As part of that consultation, there are a number of options the government could consider if it wants to mitigate the Sentencing Council's powers.
For example, Ms Mahmood could strip the Sentencing Council of its ability to issue guidelines in the first place - something that would no doubt provoke a backlash within the judiciary.
A bolder move would be to abolish the Sentencing Council entirely, in line with the government's anti-quango agenda following the abolition of NHS England.
Finally, another option the secretary of state could undertake is to pass legislation that would prevent the Sentencing Council from issuing guidelines without her consent - something Conservative MP Robert Jenrick attempted to do recently through a private member's bill.

Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Oil industry could see job cuts like Grangemouth every fortnight, report warns
Oil industry could see job cuts like Grangemouth every fortnight, report warns

South Wales Guardian

timean hour ago

  • South Wales Guardian

Oil industry could see job cuts like Grangemouth every fortnight, report warns

That level of job losses would be the same as the closure of the Grangemouth oil refinery every two weeks, according to research by Aberdeen's Robert Gordon University. It said in 'low-case scenarios', where the UK makes 'slower progress' as the country transitions towards renewable energy, jobs in the oil and gas workforce would drop from 115,000 at present to 'as low as 57,000 by the early 2030s'. The report added this would be a 'reduction of around 400 jobs – equivalent to the closure of the Grangemouth refinery – every two weeks'. With almost one in 30 Scottish workers currently employed in either the offshore energy sector, or an industry which supports it – compared to one in 220 across the UK – it highlighted how the 'potential risks for Scotland's supply chain and workforce are substantial'. Figures for 2024 show there were 154,000 people employed in the offshore energy sector – with 75% in the oil and gas sector and the remaining 25% in renewables. The Striking The Balance report noted the production of oil is now down by 'almost 75% from its peak' in 1999-2000, when it produced the equivalent of 4.5 million barrels of oil per day. This has now dropped to 1.09 million barrels of oil equivalent a day, with the report noting that without new licences being granted 'the oil and gas industry is forecast to decline by around 95% by 2050 from 2024 levels'. The report said: 'Depending on which scenario will play out, the direct and indirect UK oil and gas workforce is expected to fall from 115,000 to between 57,000 and 71,000 by the early 2030s, with further declines to between 33,000 and 48,000 by 2035.' SNP Westminster leader Stephen Flynn challenged Westminster to act in the wake of the report. He said: 'The independent expert advice is clear, we will see a Grangemouth scale of job losses each and every fortnight if the UK Government does not shift from its misguided position and protect the energy industry of today, so that the workforce can use their skills and expertise to develop the net zero industries of tomorrow. 'The opportunities of net zero are enormous but they will not be realised if the Labour Government continues with its current fiscal regime that deters stability, confidence and investment in existing industries and we therefore lose our best people, and world-class supply chain, to nations elsewhere.' Scottish Conservative energy spokesman and North East Scotland MSP Douglas Lumsden insisted however that both the Scottish and UK governments need to change their approach. He said the 'alarming' report 'lays bare the economic vandalism caused by both Labour and the SNP's opposition to oil and gas'. He added: 'John Swinney and Keir Starmer have disgracefully sat back while jobs continue to be lost throughout the sector as both remain totally oblivious to the fact that renewables alone can't yet satisfy our energy needs.' Pressed on the issue in Holyrood, Scottish climate action minister Alasdair Allan vowed ministers will 'learn' from the report, saying: 'We hope the UK Government will too.' While some areas regarding energy are devolved to Holyrood, he added that others are reserved to Westminster and 'we must get helpful decisions from the UK Government'. He said the UK Government could provide a 'full funding package' for the Acorn carbon capture and storage project in Aberdeenshire in next week's comprehensive spending review. A spokesperson for the UK Department for Energy Security and Net Zero said: 'We have taken rapid steps to deliver the next generation of good jobs for North Sea workers in a fair and orderly transition as part of our Plan for Change, including by making the biggest investment in offshore wind and two first-of-a-kind carbon capture storage clusters. 'This comes alongside Great British Energy, headquartered in Aberdeen, which has already announced a £300 million investment into British supply chains, unlocking significant investment and helping to create thousands of skilled jobs

Fact check: Reform UK migrants claim and minister's inflation mix-up
Fact check: Reform UK migrants claim and minister's inflation mix-up

South Wales Guardian

timean hour ago

  • South Wales Guardian

Fact check: Reform UK migrants claim and minister's inflation mix-up

Has Labour 'allowed the biggest influx of migrants in British history'? Reform UK deputy leader Richard Tice MP claimed in a newspaper column a few weeks ago that 'the statistics show without a doubt that this Labour government has allowed the biggest influx of migrants in British history'. It's not clear which figures Mr Tice was basing this claim on – we've asked him and Reform UK, and haven't had a response. But the statistics we've been able to check – both those available at the time Mr Tice made his claim, and those published since – don't appear to support it. And when we asked Oxford University's Migration Observatory about Mr Tice's claim, it told us: 'We cannot identify any data that support the assertion that the current government has been responsible for the biggest influx of migrants in British history, and we are unclear how Mr Tice came to this conclusion.' Mr Tice referred only to 'migrants' and did not specify that he was talking about any particular group of migrants, but some on social media have suggested he intended to refer solely to Channel crossings, which have been at record levels this year and hit the headlines again this weekend after almost 1,200 migrants were recorded as arriving via small boat on Saturday. Between January 1 2025 and April 27 2025 (the day Mr Tice's article was published), government statistics show 9,885 migrants were detected crossing the English Channel in small boats, and between January 1 and May 31 this figure was 14,812. Both these figures are higher than for equivalent periods in other years going back to 2018, when statistics for this measure began. But they don't support the claim Mr Tice made – firstly because they only refer to a small proportion of all migrants, and secondly because they don't cover Labour's full time in office. In the time between Labour forming a government on July 5 2024 and April 27 2025, 33,127 migrants arrived in the UK after crossing the Channel on small boats, according to government statistics. This isn't a record – the equivalent total between July 5 2022 and April 27 2023 was 38,600. In terms of overall migrant numbers, there are various different sets of data, but one of the most commonly cited is the estimate of long-term international migration published by the Office for National Statistics (ONS). The most recent such figures cover the year to December 2024, when 948,000 people are estimated to have moved to the UK. (Over the same period 517,000 people left, so total net migration that year is estimated to have been 431,000.) These figures can't tell us exactly how many have arrived under Labour, as they cover roughly six months of the last Conservative government and the first six months of Labour. The next set of figures, which will cover the year ending June 2025 and are expected to be published in the autumn, will more reliably tell us about the change under Labour. But overall the figures for 2024 were significantly down on the year before. In the year ending December 2023 around 1,326,000 people were estimated to have moved to the UK – a record high. (And 466,000 people left, so net migration that year was an estimated 860,000.) Net migration is estimated to have reached a record high of 906,000 in the year ending June 2023, when 1,320,000 people moved to the UK and 414,000 people left. So while the ONS migration estimates can't tell us specifically what the change in the number of immigrants coming to the UK has been under Labour, they appear to suggest that the 'biggest influx' of migrants on record so far took place under the previous Conservative government. The Migration Observatory believes this is the case, telling us: 'Data clearly show that the 'biggest influx of migrants in British history' took place under the previous administration.' School standards minister mixes up inflation and interest rates Speaking about the cost of living in an interview on Friday, school standards minister Catherine McKinnell MP claimed 'we've seen inflation coming down'. That's not what the latest inflation figures show, however, and the Department for Education has since told us she'd intended to refer to interest rates. While the Bank Rate – which is set by the Bank of England to influence the interest rates charged by banks – is currently one percentage point lower than it was when Labour came into government on July 5 2024, inflation (the change in prices for goods and services over time, as measured by the Consumer Price Index, or CPI) is higher than it was when Labour entered government. In the 12 months to June 2024 – the last full month of the previous Conservative government – inflation stood at 2%, while in the 12 months to July 2024 – the month Labour formed a government – it was 2.2%. As of April 2025, annual CPI inflation was 3.5%, 0.9 percentage points higher than the previous month's figure. Other commonly used measures of inflation show similar trends. This isn't the first time we've seen government ministers confuse interest rate and inflation figures. Earlier this year we fact checked the Prime Minister and Home Office minister Seema Malhotra MP after they both wrongly claimed interest rates had been at 11% under the previous government. As Ms Malhotra later made clear in an edited post, the 11% figure actually referred to the peak rate of CPI inflation in 2022.

Plaid Cymru criticise Labour on two-child benefit cap
Plaid Cymru criticise Labour on two-child benefit cap

South Wales Argus

timean hour ago

  • South Wales Argus

Plaid Cymru criticise Labour on two-child benefit cap

The criticism follows First Minister Eluned Morgan's call for Prime Minister Sir Keir Starmer to scrap the policy, which limits child benefit payments to the first two children in a family. Plaid Cymru's social justice and early years spokesperson, Sioned Williams MS, said: "This is staggering hypocrisy from Labour. "Just last Christmas, Eluned Morgan derided Plaid Cymru for demanding the two-child cap be scrapped. "As recently as last October, Labour MSs voted against our calls in the Senedd to stand up for children in poverty and end this cruel cap. "Meanwhile in Westminster, not a single Welsh Labour MP backed our efforts to scrap it – and Keir Starmer suspended his own MPs for voting to protect children. "Now, suddenly, Labour are changing their tone. "One would be forgiven for thinking this isn't about principle, but panic – driven by polling, not values." The two-child benefit cap has come under renewed scrutiny amid reports that the UK Government may consider scrapping it ahead of its spending review. First Minister Ms Morgan has urged the Prime Minister to remove the cap, which campaigners argue increases child poverty. However, Ms Williams said Labour's position lacked consistency. She said: "Plaid Cymru has been consistent from the start. "We've fought to scrap the two-child cap because it's the right thing to do for thousands of children growing up in poverty. "In Wales, we led the way on universal free school meals. "And in government, we pledge to deliver a Welsh Child Payment – a direct weekly payment to offer real, targeted help to support families who need it most." The policy has become a flashpoint within the Labour Party, exposing internal divisions and prompting criticism from across the political spectrum. Darren Millar MS, leader of the Welsh Conservatives, questioned Labour's promises to voters. Mr Millar said: "Labour promised that having two governments working at either side of the M4 would deliver for Wales, but all we've seen is a party at war with itself and a First Minister who clearly holds no sway with the Prime Minister. "The reality is that eliminating the two-child benefit cap would come at a financial cost, ultimately borne by hardworking taxpayers. "While the state should always support the most vulnerable, any extra costs must be weighed against the principle of fairness for the taxpayer." Ann Davies MP, Plaid Cymru's work and pensions spokesperson, criticised both Labour and the Conservatives for maintaining the policy. Ms Davies said: "The Tories are choosing to defend a policy that pulls 109 children into poverty every day. "There's nothing fair or responsible about that. "Ending the two-child limit would lift 350,000 children out of poverty across the UK instantly – more effectively and at lower cost than any alternative. "That is why Plaid Cymru have tabled motions in both Westminster and the Senedd calling for it to be scrapped, which have sadly been voted down by Labour consistently. "The Conservatives are once again proving just how out of touch they are with the daily struggles faced by people across Wales." Welsh Labour did not respond to a request for comment.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into the world of global news and events? Download our app today from your preferred app store and start exploring.
app-storeplay-store