Ashley Fox MP has spoken in support of emergency legislation brought forward by the Lord Chancellor, Shabana Mahmood, to prevent the introduction of sentencing guidelines that could have led to unequal treatment before the courts based on race, religion or cultural background.
The Sentencing Guidelines (Pre-sentence Reports) Bill was introduced after the Sentencing Council proposed new guidance that would have encouraged judges and magistrates to request pre-sentence reports more frequently for individuals from ethnic or faith minority backgrounds. These reports help inform sentencing decisions and can influence whether an offender receives a custodial sentence or a community order.
Speaking in the House of Commons, Ashley Fox said, “This Bill is unfortunately necessary because of the unwise actions of the Sentencing Council. Under the proposed guidelines, a white, male defendant outside a minority group might not have received the same consideration before sentencing as someone else—solely on the basis of identity. That is wrong.”
Ashley welcomed the Lord Chancellor’s decision to act, but criticised the lateness of the intervention, “It was only after pressure from Members of Parliament, including the shadow Justice Secretary, that the Lord Chancellor rightly took action. The Sentencing Council did not withdraw the guidance out of principle—it did so because it was caught out.”
The Lord Chancellor, in her opening speech, described the proposed guidelines as risking the creation of a “two-tier justice system” and emphasised that “each of us, no matter who we are, where we come from or what we believe, stand equal before the law of the land.” She announced that she would legislate to prevent the guidelines from coming into force and has launched a wider review into the powers and remit of the Sentencing Council.
Ashley Fox agreed with the need for long-term reform saying, “We must ensure Parliament has oversight of all future sentencing guidance. If we lose equal justice, we lose the foundation of a free society.”
