New law to ensure fairness for all in court

Sentencing guidelines which risked differential treatment for different races and religions, in terms of access to pre-sentence reports, were blocked under new legislation which became law on 19 June.

Pre-sentence reports can play a valuable role in supporting judges when making decisions on sentencing. The reports provide an assessment of the nature and causes of an offender’s behaviour, the risk they pose, as well as an independent recommendation of the sentencing options available to the court. However, the changes proposed by the Sentencing Council earlier this year risked a two-tier justice system with offenders treated differently based on their religion or the colour of their skin.

The new law prevents sentencing guidelines from singling out specific cohorts for differential treatment based on their personal characteristics, when it comes to ordering pre-sentence reports - maintaining fairness and equality under the law.  

This Act will not restrict courts from requesting pre-sentence reports on a case-by-case basis, such as for pregnant women or those involving young people, or domestic abuse. 

The Lord Chancellor, Shabana Mahmood said: “Equality before the law is the backbone of public confidence in our justice system and today’s change to the law ensure fairness for all in our courts.  

“I am grateful to the Council and its officials for their constructive work on this, I will continue to ensure no one is treated differently just because of their skin colour or religion under the law.”