'Two-tier justice!' Ethnic minority criminals to receive 'special treatment' in courts

Among the guidelines, magistrates and judges have been told to "normally consider" ordering a pre-sentence report on an offender if they came from “an ethnic minority, cultural minority, and/or faith minority community."

It also applies to other groups such as young adults aged 18 to 25, women and pregnant women.

Shadow justice secretary Robert Jenrick said in the House of Commons: "The new sentencing guidelines published alongside this statement will make a custodial sentence less likely for those 'from an ethnicminority, cultural minority, and/or faith minority community.'

“Why is the Justice Secretary enshrining this double standard, this two-tier approach to sentencing? It is an inversion of the rule of law.

"Conservative members believe in equality under the law; why does she not?"

Justice Secretary Shabana Mahmood hit back at Jenrick, telling the Commons: "As somebody from an ethnicminority background, I do not stand for any differential treatment before the law for anyone.

"There will never be a two-tier sentencing approach under my watch or under this Labour Government."

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Chairman of the Sentencing Council for England and Wales Lord Justice William Davis told GB News: "One of the purposes of the revised Imposition of community and custodial sentences guideline is to make sure that the courts have the most comprehensive information available so that they can impose a sentence that is the most appropriate for the offender and the offence and so more likely to be effective.

"The guideline emphasises the crucial role played by pre-sentence reports (PSRs) in this process and identifies particular cohorts for whom evidence suggests PSRs might be of particular value to the court.

"The reasons for including groups vary but include evidence of disparities in sentencing outcomes, disadvantages faced within the criminal justice system and complexities in circumstances of individual offenders that can only be understood through an assessment.

"PSRs provide the court with information about the offender; they are not an indication of sentence.

"Sentences are decided by the independent judiciary, following sentencing guidelines and taking into account all the circumstances of the individual offence and the individual offender."

Elsewhere, the guidance that tells courts to "avoid" sending pregnant women or mothers of babies to prison unless imposing a custodial sentence was "unavoidable", has been welcomed by campaigners.

The guidance added: "For offences that carry a mandatory minimum custodial sentence, pregnancy and the postnatal period may contribute to ‘exceptional circumstances’ that could justify not imposing the statutory minimum sentence."

Co-director of feminist campaign group Level Up Janey Starling said the changes are a “huge milestone” in the campaign to end imprisoning pregnant women and mothers.

Lawyer Liz Forrester, from group No Births Behind Bars, said it finally recognises the “deadly impact” of prison on babies and pregnant women.