Latest news with #CoronersandJusticeAct2009
The Independent
10-03-2025
- Politics
- The Independent
Sentencing Council warns against guidance being ‘dictated' by ministers
The Sentencing Council has warned against guidance to judges being 'dictated' by ministers after the Justice Secretary threatened to change the law following claims of 'two-tier' justice. New guidance for judges to consider a criminal's ethnicity before deciding their punishment prompted Shabana Mahmood to write to the independent body to make clear her 'displeasure' and call for the changes to be reconsidered. The Sentencing Council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time, last Wednesday. The updated guidance, which comes into force from April, says a pre-sentence report would 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 Ms Mahmood wrote: 'A pre-sentence report can be instrumental in assisting courts in the determination of their sentence. But the access to one should not be determined by an offender's ethnicity, culture or religion.' In a letter to Lord Justice William Davis, chairman of the Sentencing Council for England and Wales, Ms Mahmood said she was considering whether policy decisions such as this should be made by the Sentencing Council and what role MPs should play. But Lord Justice Davis replied that the Sentencing Council preserves the 'critical' position of the independent judiciary in relation to sentencing. He said: 'I respectfully question whether the inclusion of a list of cohorts in the imposition guideline was a policy decision of any significance. 'However, whatever the import of the decision, it related to an issue of sentencing.' He further warned: 'In criminal proceedings where the offender is the subject of prosecution by the state, the state should not determine the sentence imposed on an individual offender. 'If sentencing guidelines of whatever kind were to be dictated in any way by ministers of the Crown, this principle would be breached.' The council's chief said he was taking legal advice on whether the Justice Secretary's power under the Coroners and Justice Act 2009 to ask for guidelines to be revised could be applied in this circumstance, and if it could, it will be considered at the body's next meeting. 'This is not a power which ever has been used to ask the council to revise a guideline immediately after it has been published and which has been the subject of detailed consultation with the Lord Chancellor,' Lord Justice Davis said. Ms Mahmood had said 'no minister' in this Government approved of the guidance or was involved in the consultation. The previous government was also consulted on the change during the consultation period between November 2023 to February 2024. Lord Justice Davis said in response that there were 150 responses to the consultation on the new guidance, including from the then-minister for sentencing, with 'no concern expressed about the term now under debate'. Of the new guidance, the chairman added there is 'good evidence' of a disparity in sentence outcomes between white offenders and those of an ethnic minority for some offences. 'Why this disparity exists remains unclear,' he said. 'The council's view is that providing a sentencer with as much information as possible about the offender is one means by which such disparity might be addressed. 'I do not accept the premise of your objection to the relevant part of the list of cohorts for whom a pre-sentence report will normally be considered necessary. 'I have seen it suggested that the guideline instructs sentencers to impose a more lenient sentence on those from ethnic minorities than white offenders. Plainly that suggestion is completely wrong.'
The Independent
10-03-2025
- Politics
- The Independent
Justice secretary set for showdown with judges over sentencing guidelines
Justice secretary Shabana Mahmood is set for a confrontation with the Sentencing Council later this week after they wrote to her warning her against 'dictating' to judges over new measures which she fears will create a 'two tier' legal system. A spokesperson for Ms Mahmood has confirmed that a meeting is set to go ahead with the Sentencing Council on Thursday where she will make clear her displeasure at new guidance which could lead to lighter sentences for some based on ethnicity and gender. The Labour minister is in rare agreement with her right wing Tory shadow justice secretary Robert Jenrick who raised the issue last week after the Sentencing Council ignored the views of ministers from the previous government to go ahead with the new guidelines. But after expressing her own disapproval of the guidelines, the Sentencing Council, which is independent of government, angrily put down Ms Mahmood's objections this week and rejected claims it was creating a 'two tier system'. New guidance for judges to consider a criminal's ethnicity before deciding their punishment prompted Ms Mahmood to write to the independent body to make clear her "displeasure" and call for the changes to be reconsidered. The Sentencing Council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time, last Wednesday. The updated guidance, which comes into force from April, says a pre-sentence report would 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. Ms Mahmood wrote: "A pre-sentence report can be instrumental in assisting courts in the determination of their sentence. But the access to one should not be determined by an offender's ethnicity, culture or religion." In a letter to Lord Justice William Davis, chairman of the Sentencing Council for England and Wales, Ms Mahmood said she was considering whether policy decisions such as this should be made by the Sentencing Council and what role MPs should play. But Lord Justice Davis replied that the Sentencing Council preserves the "critical" position of the independent judiciary in relation to sentencing. He said: "I respectfully question whether the inclusion of a list of cohorts in the imposition guideline was a policy decision of any significance. "However, whatever the import of the decision, it is related to an issue of sentencing." He further warned: "In criminal proceedings where the offender is the subject of prosecution by the state, the state should not determine the sentence imposed on an individual offender. "If sentencing guidelines of whatever kind were to be dictated in any way by ministers of the Crown, this principle would be breached." The council's chief said he was taking legal advice on whether the Justice Secretary's power under the Coroners and Justice Act 2009 to ask for guidelines to be revised could be applied in this circumstance, and if it could, it will be considered at the body's next meeting. "This is not a power which ever has been used to ask the council to revise a guideline immediately after it has been published and which has been the subject of detailed consultation with the Lord Chancellor," Lord Justice Davis said. Ms Mahmood had said "no minister" in this government approved of the guidance or was involved in the consultation. The previous government was also consulted on the change during the consultation period between November 2023 to February 2024. Lord Justice Davis said in response that there were 150 responses to the consultation on the new guidance, including from the then-minister for sentencing, with "no concern expressed about the term now under debate". Of the new guidance, the chairman added there is "good evidence" of a disparity in sentence outcomes between white offenders and those of an ethnic minority for some offences. "Why this disparity exists remains unclear," he said. "The council's view is that providing a sentencer with as much information as possible about the offender is one means by which such disparity might be addressed. "I do not accept the premise of your objection to the relevant part of the list of cohorts for whom a pre-sentence report will normally be considered necessary. "I have seen it suggested that the guideline instructs sentencers to impose a more lenient sentence on those from ethnic minorities than white offenders. Plainly that suggestion is completely wrong." But Ms Mahmood had support from the influential think tank Policy Exchange. David Spencer, head of crime and justice at Policy Exchange said: 'The Sentencing Council's letter to Shabana Mahmood is remarkable. 'The chair rejects call to amend the guidelines – and defends prioritising Pre-Sentence Reports for ethnic minority criminals. 'The Justice Secretary cannot let this stand. There is no place for two-tier justice.'
Yahoo
10-03-2025
- Politics
- Yahoo
Sentencing Council warns against guidance being ‘dictated' by ministers
The Sentencing Council has warned against guidance to judges being 'dictated' by ministers after the Justice Secretary threatened to change the law following claims of 'two-tier' justice. New guidance for judges to consider a criminal's ethnicity before deciding their punishment prompted Shabana Mahmood to write to the independent body to make clear her 'displeasure' and call for the changes to be reconsidered. The Sentencing Council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time, last Wednesday. The updated guidance, which comes into force from April, says a pre-sentence report would 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 Ms Mahmood wrote: 'A pre-sentence report can be instrumental in assisting courts in the determination of their sentence. But the access to one should not be determined by an offender's ethnicity, culture or religion.' In a letter to Lord Justice William Davis, chairman of the Sentencing Council for England and Wales, Ms Mahmood said she was considering whether policy decisions such as this should be made by the Sentencing Council and what role MPs should play. But Lord Justice Davis replied that the Sentencing Council preserves the 'critical' position of the independent judiciary in relation to sentencing. He said: 'I respectfully question whether the inclusion of a list of cohorts in the imposition guideline was a policy decision of any significance. 'However, whatever the import of the decision, it related to an issue of sentencing.' He further warned: 'In criminal proceedings where the offender is the subject of prosecution by the state, the state should not determine the sentence imposed on an individual offender. 'If sentencing guidelines of whatever kind were to be dictated in any way by ministers of the Crown, this principle would be breached.' The council's chief said he was taking legal advice on whether the Justice Secretary's power under the Coroners and Justice Act 2009 to ask for guidelines to be revised could be applied in this circumstance, and if it could, it will be considered at the body's next meeting. 'This is not a power which ever has been used to ask the council to revise a guideline immediately after it has been published and which has been the subject of detailed consultation with the Lord Chancellor,' Lord Justice Davis said. Ms Mahmood had said 'no minister' in this Government approved of the guidance or was involved in the consultation. The previous government was also consulted on the change during the consultation period between November 2023 to February 2024. Lord Justice Davis said in response that there were 150 responses to the consultation on the new guidance, including from the then-minister for sentencing, with 'no concern expressed about the term now under debate'. Of the new guidance, the chairman added there is 'good evidence' of a disparity in sentence outcomes between white offenders and those of an ethnic minority for some offences. 'Why this disparity exists remains unclear,' he said. 'The council's view is that providing a sentencer with as much information as possible about the offender is one means by which such disparity might be addressed. 'I do not accept the premise of your objection to the relevant part of the list of cohorts for whom a pre-sentence report will normally be considered necessary. 'I have seen it suggested that the guideline instructs sentencers to impose a more lenient sentence on those from ethnic minorities than white offenders. Plainly that suggestion is completely wrong.'
The Independent
06-03-2025
- Politics
- The Independent
Are new sentencing rules creating two-tier justice?
A new set of guidelines for magistrates and judges has been published by the Sentencing Council for England and Wales. In today's politically charged atmosphere, with allegations flying around on social media of 'two-tier policing' and 'two-tier justice,' any hint of weakness in the justice system gets seized upon, sometimes by malign actors. A suggestion that courts might care to ask for pre-sentencing reports in certain circumstances, including on grounds of ethnicity, have been widely condemned both by the justice secretary, Shabana Mahmood, and her Conservative shadow, Robert Jenrick. What is the Sentencing Council? It is an independent body for England and Wales that tries to ensure the penalties dished out to offenders are lawful as well as fair and proportionate. The guidelines on sentencing are just that: guides, rather than hard rules. Members of the council are appointed by the lord chief justice with the approval of the lord chancellor, who is normally the justice secretary. It is accountable to parliament for the way it spends its money, but it is not accountable to politicians for its 'policy' – as is traditional in a country with a (still) independent judiciary. Otherwise, politicians could lock up people (individuals or groups) they don't like. Indeed Mahmood is obliged by the Coroners and Justice Act 2009, which set up the council, to protect its independence – which, arguably, she is failing to do. What's the problem? At risk of first custodial sentence and/or at risk of a custodial sentence of two years or less (after taking into account any reduction for guilty plea) A young adult (typically 18-25 years) Female From an ethnic minority, cultural minority, and/or faith minority community Pregnant or postnatal Sole or primary carer for dependent relatives Or if the court considers that one or more of the following may apply to the offender: Has disclosed they are transgender Has or may have any addiction issues Has or may have a serious chronic medical condition or physical disability, or mental ill health, learning disabilities (including developmental disorders and neurodiverse conditions) or brain injury/damage Or the court considers that the offender is, or there is a risk that they may have been, a victim of domestic abuse, physical or sexual abuse, violent or threatening behaviour, any kind of abuse, modern slavery or trafficking, or coercion, grooming, intimidation or exploitation. Critics say the ethnicity clause means that an offender who is white will be more harshly treated than one who is Black. What's the defence? The idea behind the guidelines is to make sure that ethnic groups with protected characteristics – over-represented in prisons and traditionally suffering from discrimination – are not sent to jail as a result of conscious or unconscious racism. A pre-sentencing report is supposed to help prevent this. The distinguished lawyer Helena Kennedy argues that the more a court knows about an offender, the better. And these are only guidelines; a judge may ignore them. What are the politics of it? Sentences during the summer riots for incitement to racial hatred, arson, and violence via social media have been regarded by some on the far right as infringements of freedom of speech and 'unfair' when set against wildly different offences, such as the case of Huw Edwards. Similarly, the way the police control pro-Palestinian protests versus other demonstrations by hard-right 'patriots' has also been weaponised for political ends. Suella Braverman, with all the authority of her role as home secretary in 2022, helped popularise the two-tier claim and undermine trust in the police. The suggestion that the government is somehow formally endorsing discrimination 'against straight white men", as Jenrick styles it, is electoral poison. Hence also Mahmood's swift condemnation of the guidelines: 'As someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law, for anyone of any kind. There will never be a two-tier sentencing approach under my watch.' What will happen? Mahmood, pushing at the boundaries of the law and the principle of judicial independence, will write to the council to register 'displeasure' and recommend reversing the change. If the council refuses, the crime bill presently going through parliament could be used to impose the government's will. It will be a small but significant further erosion of an independent court system. On the whole, Reform UK and the Conservative right, including Jenrick, will continue to spread myths and exploit false grievances for political gain.
Yahoo
07-02-2025
- Yahoo
Government fined at inquest in 'extraordinary step'
A coroner has fined the government for failing to disclose evidence at an inquest into the deaths of three prisoners in Nottinghamshire. Laurinda Bower has been leading an inquest into the deaths of Anthony Binfield, Rolandas Karbauskas and David Richards in 2023 at HMP Lowdham Grange. A jury concluded that the trio, who all were found dead within a month of each other, died after "repeated failures" and "multiple missed opportunities" at the prison. During the inquest at Nottingham Coroner's Court, evidence came to a "grinding halt" on 6 January due to the Ministry of Justice's failure to meet numerous deadlines, and the fine - which can now be reported following the inquest's conclusion - of £500 was issued. Under the Coroners and Justice Act 2009, a coroner can issue a schedule 5 notice to a person or body to disclose relevant information to an investigation. Coroners have the power to issue fines of up to £1,000 for failing without reasonable excuse to do anything required by such a notice. Ms Bower gave three notices to the Ministry of Justice (MoJ) to provide documents and information, including emails, between October and December 2024, but it failed to meet any of the deadlines. Between 3 and 4 January, Ms Bower said the MoJ submitted a large volume of information, comprising more than 1,000 pages, ahead of the next hearing due to take place on 6 January. She was also told there was more to come. The MoJ was aware of the inquest and the scope of the investigation more than a year ago, Ms Bower said. "That was ample time to get their house in order," she added. "It pains me to impose a financial penalty on a public body given the pressures on all public services at present, and it is the first time in this jurisdiction that it has been necessary for me to take this extraordinary step." She added the festive period was not a valid excuse for the delay. At the time, a legal representative for the government told the court the MoJ "apologises for the inconvenience caused". The running of HMP Lowdham Grange was transferred from private provider Serco, to fellow private firm Sodexo in February 2023. It was the first prison transfer between two private providers in the UK. The inquest heard how the jail had longstanding problems with culture, safety and staffing, which continued and were exacerbated during the handover period. After the deaths of three inmates in March 2023, an unannounced inspection of Lowdham Grange found a number of failings - and the government subsequently took over the prison on an interim basis in December. This became a permanent arrangement the following May. There have been more deaths in custody at the prison since the deaths of Binfield, Karbauskas and Richards, including several during the inquest period since November, the court was told. At the court, Ms Bower said she wrote to all parties in April 2023, including the MoJ, saying she was minded to link the inquests of the three inmates and that by January 2024, it would have been aware of the "need and scope of an inquest". She said she received a response from the government's legal department on 26 January to point out that the prison was run by Sodexo at the time of the deaths, and asked Ms Bower whether the MoJ should be considered an interested person (IP). "Knowing what I know about the intrinsic role senior members of the [MoJ] personnel played in the checks and balances of safety at the prison and in the transition period shortly before these deaths, it is staggering that the [MoJ] were questioning whether they required IP status - let alone the fact they were not actively seeking out IP status to assist my inquest," she said. She added the MoJ's response to the inquest had been "reactive, and slow at that and not at all proactive". A legal representative for the MoJ said: "It is accepted there has been a failure to comply with the schedule 5 notices and the MoJ apologises to the court and to the other interested persons for the inconvenience caused by this." She added there had been an "incredible amount of work being undertaken to attempt to comply" with the notices, and added that lessons were being learned both in this case and for future cases. She added the financial penalty would serve "no useful purpose". The MoJ was given 28 days to pay the £500 penalty. Ms Bower said she could not think of proceedings that required "a greater level of candour and due diligence than these", adding the MoJ had been given "chance after chance". Follow BBC Nottingham on Facebook, on X, or on Instagram. Send your story ideas to eastmidsnews@ or via WhatsApp on 0808 100 2210. 'Repeated failures' at jail where three men died Prison worker 'told to leave after raising concerns' Inmate was 'let down by prison', inquest told Prisoners died in cells in same month - inquest Government to permanently take over running prison HM Courts & Tribunals Service
