The pastor criticized the plan that would make the criminals' ethnic background a greater factor in deciding whether to incarcerate them, saying they were equivalent to a “two-tier system” of justice.
Industry Minister Sarah Jones said the government opposed the guidance released by the Judgment Councils of England and Wales on Wednesday.
The guidance aimed at addressing bias and reducing reattacks focuses more on the need for pre-sentence reports that provide details about the criminal background, motivation and personal life before sentencing.
Under the changes that take effect on April 1, magistrates and judges will be asked to consult with a pre-text report before deciding whether to jail anyone from an ethnic or religious minority, a young adult, an abused survivor or pregnant woman.
Today, black and ethnic minority communities are overrepresented at almost every stage of the criminal justice process in England and Wales, making them more likely to be jailed and receive longer sentences than white people.
Asked about the new guidelines for LBC radio, Jones said: I think it's really important in the country that people trust the judicial system we have. That means you cannot have a two-tier system.
Attorney General Shabana Mahmoud said overnight he would write to the Judgment Council to “register my complaints and encourage this change to be reversed.”
She added: There is never a two-tier ruling approach under my watch. ”
The Minister's mention of “two-layer justice” raises an eyebrow. The term “Tutia Kiel” was used by critics, including Elon Musk, to accuse the Prime Minister of taking a disproportionately harsh approach to far right and anti-immigrant rioters after the Southport stabbing attack.
Shadow Justice Secretary's Robert Jenrik has also criticised the guidelines strongly, saying he is worried that it means a “blanket approach” that makes it less likely for women and ethnic minorities to gain custody.
“What these ruling guidelines do is adopt a blanket approach,” Jenrik told BBC Radio 4's Today program. “If you're a woman, if you're a trans, if you're a nervous person, if you're a minority, if you're someone in a minority faith group, the judge should commission a report that often leads to fewer sentences.”
Speaking to Times Radio, Jenrik said, “With other groups, essentially Christian and straight white men will treat them differently than the rest of the society.”
The consultation process on ruling guidance ended in February last year, but the Conservatives were still in the government. An earlier version of the guidelines, released last spring, was criticized as “favorite” by then-at-commissioner Alex Chalk.
“The minister is not part of the decision for this,” Jones told Sky News.
“We need to have a fair judicial system. Everyone has to be treated equally. We shouldn't have a two-tier system of justice… I don't think anyone would oppose it. So we're asking the Judgment Council to look again at this guidance they gave us.”
This guidance is intended to prevent pregnant offenders and mothers of children under the age of one from being jailed. According to Latest official data There were 215 pregnant women in English prisons between April 2023 and March 2024, and at the same time, 53 children were born to mothers in detention.
