Parliament - Two Bills on Sentencing Guidelines

A previous post - noted a "difference of view" between the Sentencing Council and the Secretary of State for Justice / Lord Chancellor about when a pre-sentence report is required.   

As a result, two Bills are now before Parliament. One government Bill and one from the Shadow Lord Chancellor.

The situation was explained by the Lord Chancellor (Shabana Mahmood MP) in a Statement to the House of Commons - 1 April 2025 - 

"new guidelines

from the Sentencing Council on pre-sentence reports have come under scrutiny in recent weeks, specifically on whether an offender’s faith or the colour of their skin should be a factor in their use. This is a question of huge import: whether we all stand equal before the law. That is an ideal that has underpinned justice in this country for centuries and an ancient right that each of us in this House has a responsibility to uphold. The new guidelines on the use of pre-sentence reports were due to come into force from today, but in recent weeks I have had constructive talks with the Sentencing Council and I am grateful to its chair, Lord Justice William Davis, for that engagement. As a result, I am pleased to tell the House that the guidelines have been put on pause while Parliament rightly has its say."

A government Bill

A government Bill was introduced in the House of Lords - Sentencing Guidelines (Pre-sentence Reports) Bill.

The Bill states that - " ... sentencing guidelines about pre-sentence reports may not include
provision framed by reference to different personal characteristics of an offender.”

A Private Members' Bill - (Shadow Lord Chancellor) 

A second Bill was introduced in the House of Commons. This is a private members' bill sponsored by
Robert Jenrick MP (Shadow Secretary of State for Justice and Shadow Lord Chancellor). 

Sentencing Council (Powers of Secretary of State) Bill

This will provide that the Sentencing Council must obtain the consent of the Secretary of State before issuing guidelines and the Secretary of State may (a) consent to the issuing of a guideline as a definitive guideline, (b) refuse consent for the issuing of a guideline as a definitive guideline, or (c) direct the Council to issue a guideline in an amended form.

If such a Bill becomes law it would result in the Sentencing Council ceasing to have any worthwhile independence from government. In reality, the Secretary of State would become the true maker of guidelines which courts are required to follow - Sentencing Act 2020 section 59. I hope that Parliament refuses to give the executive such extensive control over sentencing.

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