The UK government has introduced a significant legislative change that will empower the Justice Secretary and the Lord or Lady Chief Justice to approve or reject guidelines proposed by the Sentencing Council, which influence court proceedings. This move, documented in new legislation currently in its second reading, seeks to amend Section 120 of The Coroners and Justice Act 2009.

Previously, the Sentencing Council was required to seek consent from the Lord Chief Justice and the Lord Chancellor before issuing definitive guidelines. The bill's introduction comes in the wake of a notable dispute over the council’s guidance on the necessity of pre-sentencing reports (PSRs), particularly concerning offenders from ethnic, cultural, and faith minorities.

The proposed guidelines, which were set to take effect from April 1, suggested that PSRs should usually be considered necessary for these minority groups. However, Shabana Mahmood, the Lord Chancellor, criticized the guidelines, arguing that they could lead to outcomes influenced by race, culture, or religion, thereby undermining the principle of equality before the law.

“These 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,” stated Mahmood. She further emphasized her commitment to altering the law to ensure fairness and thanked the Sentencing Council for delaying the implementation of the guidelines while the new bill is under review.

The controversy led to the Sentencing Council suspending the guidelines before they could be enforced, following the government’s threat to use emergency legislation to block them.

The Sentencing Council, an independent body operating at arm’s length from the Ministry of Justice, has the primary role of issuing sentencing guidelines to ensure transparency and consistency in the legal process across England and Wales.

This legislative proposal has sparked a broader discussion on how sentencing guidelines should be framed and who should hold the ultimate authority over their approval. As the bill progresses through Parliament, it will undoubtedly continue to generate debate about the balance between judicial independence and government oversight in the crafting of legal guidelines.