Robert Jenrick says new sentencing guidelines have ‘blatant bias against Christians and straight white men’
Shadow justice secretary Robert Jenrick has accused new sentencing guidelines of having “blatant bias” against Christians and straight white men.
The Sentencing Council, which sets out recommendations to courts in England and Wales, is advising a pre-sentence report (PSR) “will normally be considered necessary” before sentencing a criminal from an ethnic, cultural or faith minority.
Justice Secretary Shabana Mahmood has said she will be registering her “displeasure” and will be recommending the guidance is reversed – however, as the Sentencing Council is independent, she cannot order them to do so.
Politics latest: Starmer notes ‘turbulence’ in UK leadership
Mr Jenrick told Wilfred Frost on Sky News Breakfast it was evidence of “two-tier justice” and will be “very corrosive to public trust and confidence in the criminal justice system”.
“To me, this seems like blatant bias, particularly against Christians, and against straight white men,” he said.
“Either this was the policy of the justice secretary – she’s changed her mind, but this was her policy – or she was asleep at the wheel.”
He accused the council of setting rules which make “a custodial sentence less likely for those from an ethnic minority, cultural minority, and/or faith minority community”.
A PSR assessment would also be expected for people from the transgender community and certain other groups, such as young adults aged 18 to 25, women and pregnant women.
In setting out the changes, Lord Justice William Davis said the reforms, set to come into play from April, reflect evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in the circumstances of individual offenders.
The chair of the Sentencing Council for England and Wales said: “PSRs provide the court with information about the offender; they are not an indication of sentence. Sentences are decided by the independent judiciary”.
He added that a punishment tailored to the offender had the “greatest likelihood” of being effective.
According to the most recent government statistics, since 2018 white defendants are more likely to have a shorter jail sentence than any other ethnic group.
Read more from Sky News:
Released prisoners left homeless
Prisoners fear being sent back to jail
Early release scheme Scotland begins
The Sentencing Council is also advising judges and magistrates to consider rehabilitative sentences, or community sentences. It points out they can be more effective in reducing re-offending than a short term behind bars.
Among the fresh guidance is also a recommendation for courts to “avoid” sending pregnant women or mothers of babies to prison.
Please use Chrome browser for a more accessible video player
Number of people recalled to prison on the rise
Janey Starling, co-director of feminist campaign group Level Up called the changes a “huge milestone”.
Meanwhile Liz Forrester, from No Births Behind Bars, said it finally recognises the “deadly impact” of prison on babies and pregnant women.
Pregnancy, childbirth and post-natal care had already been introduced in April 2024 as a new mitigating factor in England and Wales.
