Labor is encouraged to change the law in the midst of suggestions Ministers are powerless to ignore new guidance that judges tell to give minorities a special treatment of the courts.
Shabana Mahmood, the Minister of Justice, is confronted with calls to hurry through the legislation to block new principles published by the sentencing Council.
The updated guidelines led to claims of 'two -part conviction' after it had told judges to consider the ethnicity of a suspect when deciding whether to send them to prison.
The new guidelines are ready to enter into force from April, a before the pre-sentence would usually be needed for someone of an ethnic, cultural or loss of beliefs.
This would also be the case if a perpetrator is 18 to 25 years old, an addict, a woman, pregnant, transgender or with a mental health disease.
Pre-sentence reports often contain reasons why a prison punishment would be harmful to a perpetrator.
Mrs. Mahmood destroyed the updated guidelines of the Sentreing Council last night and said, “There will never be a dual conviction approach under my watch.”
She promised to write to the independent body to recommend that they reverse the changes to their guidance.
But despite her anger, a government source told the BBC that Mrs. Mahmood cannot order the conviction council to give up their changes.
Shabana Mahmood, the Minister of Justice, is confronted with calls to hurry through the legislation to block new principles published by the Sentreing Council
Tory leader Kemi Badenoch told the justice secretary to amend the law to block the new guidelines and offered the support of her party if she does
The new guidelines are ready to enter into force from April, a before the sentence would usually be necessary for someone of an ethnic, cultural or religiousness of beliefs
Tory leader Kemi Badenoch this morning told the Minister of Justice to amend the law to block the new guidelines and offered the support of her party if she did.
She said: 'If the justice secretary Shabana Mahmood does not want a dual criminal justice system, she must change the law and the conservatives will support her.
'Ministers should not decide any quangos. Labor must retain this. '
Robert Jenrick, the Shadow Justice Secretary, went to the new guidance of the Sentreing Council as 'Social Engineering' and warned that the changes are 'dangerous'.
He told the BBC Radio 4 Today's program: 'If you ask me, we should try to use things such as pre-judgment reports to socialize our criminal justice system, so there is equality of a solution instead of equality of treatment?
“No, I think that's wrong. And I think that's a dangerous approach. '
In another interview with Times Radio, Mr. Jenrick claimed that “Christian and Right white men” will otherwise be treated with others under the guidelines.
He said that the rule of law means that people are not treated differently by the courts, adding to it: 'What worries me about these conviction guidelines that were published yesterday … is that they do exactly.
'They say that you are less likely to get a custody, because your case would be handled through a pre-judge report, commissioned by a judge, if you are a woman, if you are Trans, if you are neurodiverse, if you are an ethnic minority, if you are from a minority faith group, which is probably someone who is not Christian.
'In essence, Christian and straight white men, among other groups, will be treated differently from the rest of society.
“And I think that's wrong. I think this is an example of two -day justice, and it will corrode confidence and trust in the criminal justice system that I clearly do not want to see. '
Mrs. Mahmood destroyed the updated guidelines of the Sentreing Council last night and said: “There will never be a dual conviction approach under my watch”
In a statement last night, Mrs. Mahmood said: 'The conviction council is completely independent.
'Today's updated guidelines do not represent my opinion or the opinion of this government.
'I'm going to write to the Sentreing Council to register my displeasure and recommend that you return this change to guidance.
'If someone who himself is an ethnic minority background, I am not faced with a differential treatment before the law, for someone of any kind.
“There will never be a dual conviction approach under my watch.”
The conviction council said that there has now been a greater emphasis on the 'critical role' of pre-sentence reports, with more details about when judges should ask for the information to collect prior to the decisions of the conviction.
This includes details about the circumstances of crime and the perpetrator.
Lord Justice William Davis, chairman of the Sentreing Council for England and Wales, said that one of the reasons for the updated guidelines was to ensure that courts have the 'most comprehensive information' available to hand out a suitable punishment.
He added about pre-phrase reports: 'The reasons for the inclusion of groups vary, but contain proof of differences in conviction results, disadvantages that are confronted within the criminal justice system and complexities in the circumstances of individual perpetrators that can only be understood by an assessment.
'Pre-sentence reports, the court provides information about the perpetrator; They are not an indication of sense.
“Phrases are determined by the independent judiciary, after conviction guidelines and taking into account all the circumstances of the individual violation and the individual perpetrator.”
Lord Justice Davis said that a sentence that was correctly tailored to individual circumstances of the perpetrator had the 'greatest chance' to be effective.
He added to the updated guidelines: “It will ensure that the principles for imposing community and guardianship sentences are used consistently and transparently by the courts and that such sentences are most suitable and suitable for the perpetrator and the violation for them.”
Further advice for courts to 'avoid' pregnant women or mothers from babies to prison was welcomed by campaigners.
The guidelines states: “For offenses that have a mandatory minimum guardian, pregnancy and the postnatal period can contribute to 'exceptional circumstances' that can justify that the statutory minimum sentence cannot be imposed.”
Commenting to the move, said Janey Starling, co-director of feminist campaign group level, the changes are a 'huge milestone' in the campaign to put an end to the prison sentence of pregnant women and mothers.
Liz Forrester, of group no births behind bars, said that it finally recognizes the 'fatal impact' of prison on babies and pregnant women.
