The conviction council has rejected the requirement of the Minister of Justice to cancel new guidelines in the center of a 'two -part' row.
In a letter to Shabana Mahmood, the chairman of the conviction council told the Cabinet Sminister that he had refused her request to change the guidance.
She had encouraged the conviction council to act after the publication of new principles earlier this month led to claims of 'Tweightness reinforcement'.
The new guidelines are ready to take effect next week, judges say to consider the ethnicity of a suspect when deciding whether they should send to prison.
They mention that a pre-sentence report would usually be needed for someone from an ethnic, cultural or religiousness.
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 criticized the guidelines after their publication and told the String Council to reverse their changes.
She stood earlier: “There will never be a dual conviction approach under my watch.”
Tory Shadow Justice -Secretary Robert Jenrick said she had now been 'humiliated' by the decision of the conviction council to refuse her request.
The conviction council has rejected the requirement of justice secretary Shabana Mahmood to scrap new guidelines in the center of a 'two-part' row
In a letter to Mrs. Mahmood, the chairman of the conviction council told the Cabinet Sminister that he had refused her request to change the guidance
Tory Shadow Justice -Secretary Robert Jenrick said that Mrs. Mahmood was 'humiliated' by the decision of the conviction to reject her request
In his letter to Mrs. Mahmood, Lord Justice William Davis said that instead the conviction council would clarify the language surrounding the relevant part of the guidelines.
The chairman of the conviction council wrote: 'The council concluded that the directive did not need a revision.
'The Council has decided that any clarification of the language of the relevant part of the directive must be included in the hope that this would correct the widespread misunderstanding that has arisen in recent weeks.
“It was also established that an explanatory statement with regard to this clarification should be published on the website of the council.”
He added: 'The council did not agree respectfully with the statement that the list of cohorts in the directive was an expression of policy.
“When providing a list of cohorts, the council was only concerned with judges and magistrates who have provided as much information as possible.”
The chairman said that the Council agreed that every systemic issue with regard to ethnic groups is a matter of policy, adding to it: 'Every judge or magistrate needed to condemn a perpetrator must do everything he can to prevent 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 perpetrator.
“The cohort of ethnic, cultural and religiousness groups can be a cohort about which judges and magistrates are less well informed.”
Mrs. Mahmood repeated her threat to change the law, if necessary, after the 'disappointing' response from the String Council.
The Minister of Justice said: 'I am clear in my opinion that these guidelines represent differential treatment, including the results of someone can be influenced by their race, culture or religion.
'This is unacceptable and I formally explained my objections in a letter to the Sentreing Council last week.
“I am extremely disappointed about the response of the council. All options are on the table and I will legislate if necessary. '
The new guidelines are ready to enter into force from next week.
Mr. Jenrick said: “Shabana Mahmood was humiliated by the conviction council. In three days we will have two -day conviction because of her and two -day Keir.
“It is embarrassing that they were sitting on their hands and it did not choose to prevent two -part justice.”
The former conservative leadership candidate has rejected the threat of Mrs. Mahmood as 'too late' legislation now.
“From Tuesday, the Justice Secretary will chair a conviction system that she was admitted two-fold because of her pure incompetence,” he added.
Earlier this month, Mr. Jenrick was left furiously after the birth had blocked his proposed legislation to stop the new guidelines.
