Labour MP calls for abolition of ‘two-tier' Sentencing Council
A Labour MP has called for the Sentencing Council to be abolished because it is 'completely out of step with the British people'.
Jonathan Brash, MP for Hartlepool, is the first Labour politician to say the quango should be scrapped amid an ongoing row over its 'two-tier' justice rules.
From Tuesday the Sentencing Council will enforce new rules requiring judges to consider the racial, cultural and religious background of offenders before passing sentence.
The body has rejected government demands that it drop the controversial change that critics say will result in softer sentences for certain groups.
Following news that the Sentencing Council had rejected the Government's objections, Mr Brash wrote on X: 'Abolish the Sentencing Council.'
Abolish the sentencing council https://t.co/hEDVF4W4Zx
— Jonathan Brash MP (@JonathanBrash) March 29, 2025
The Labour MP told the Telegraph: 'It is a question of democracy. Clearly the decision of the Sentencing Council is completely out of step with the British people and with what elected politicians think.
'For the council to say they are not interested in what the Justice Secretary has to say is unacceptable.
'There's a more fundamental question here about who decides on behalf of the British people about how the country is run.'
'We can't persist with a system where the Sentencing Council pushes forward guidelines that the democratically elected government doesn't agree with.'
Mr Brash said: 'I can think of a number of MPs who are sympathetic to my position.'
Blue Labour, a party organisation, has also called for the council to be abolished if it doesn't change course.
On X, the group wrote: 'If the Sentencing Council won't listen to democratically elected politicians, Parliament must legislate to shut it down.
'The principle of equality before the law is non-negotiable.'
Shabana Mahmood, the Justice Secretary, has opposed the sentencing changes because they 'represent differential treatment, under which someone's outcomes may be influenced by their race, culture or religion'.
On Friday the Sentencing Council said the guidelines did not require revision despite Ms Mahmood's demand that changes be made.
She has threatened to pass legislation that will force the council to change course.
The Prime Minister has said he is 'disappointed' by the council's rule change. He suggested the Government will intervene to reverse the change. 'We are considering our response, and all options are on the table,' he said on Friday.
Under the new sentencing guidelines courts are urged to order pre-sentence reports for offenders from certain ethnic and religious backgrounds.
Critics argue that such pre-sentence reports could lead to more lenient sentences for some offenders simply because of their ethnic or religious background.
Robert Jenrick, the shadow justice secretary, has said the new rules represent 'blatant bias, particularly against Christians, and against straight white men'.
Mr Jenrick has said Ms Mahmood's threat to legislate is 'too little, too late'.
He is seeking a judicial review of the rules on the grounds that they are discriminatory.
In a pre-action letter Mr Jenrick asked the council to pause the introduction of the rules until the High Court had been able to hear the case.
The council has yet to respond.
Lord Justice William Davis, the chairman of the council, has defended the change, arguing that pre-sentence reports will prevent rather than encourage discrimination in the criminal justice system.
Defending pre-sentence reports for offenders from minority backgrounds, Lord Justice Davis told the Justice Secretary: 'Any judge or magistrate required to sentence an offender must do all that they can to avoid a difference in outcome based on ethnicity. The judge will be better equipped to do that if they have as much information as possible about the offender.'
He said there would be 'some clarification of the language' in the guidelines following 'widespread misunderstanding' of their intent.
A government source said: 'We will overturn this. We are now figuring out how, and how quickly.'
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