Lord chancellor Shabana Mahmood has declared that she would continue to ensure no one is treated differently in court because of the colour of their skin or religion, as legislation entered the statute books preventing guidance for judges on pre-sentence reports referring to race and ethnicity.
Mahmood introduced the legislation to parliament in April after guidelines issued by the Sentencing Council on the imposition of community and custodial sentences prompted a political outcry. The guidance stated that pre-sentence reports would normally be considered necessary if the offender is from an ethnic, cultural and/or faith minority community.
Shadow justice secretary Robert Jenrick said the guidance created a ‘two-tier’ justice system.
Announcing that the Sentencing Guidelines (Pre-sentence Reports) had received Royal assent, Mahmood said: 'Equality before the law is the backbone of public confidence in our justice system and today’s change to the law ensure fairness for all in our courts.
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'I am grateful to the council and its officials for their constructive work on this, I will continue to ensure no one is treated differently just because of their skin colour or religion under the law.'
The act prevents sentencing guidelines from singling out specific cohorts for differential treatment based on their personal characteristics when it comes to ordering pre-sentence reports.
However, the Sentencing Council can advise, in general terms, that pre-sentence reports are sought in cases where the court would benefit from an assessment of an offender’s personal circumstances. Case law on the types of cases where pre-sentence reports are necessary or desirable is unaffected and judges remain obliged under the Sentencing Code to request pre-sentence reports in all cases unless they consider them unnecessary.
