Justice Secretary enforces new guidelines

The Sentencing Council will now require the explicit approval of both the Justice Secretary and the Lady Chief Justice for any new guidelines, marking a significant change in how sentencing policies are established. This move comes in response to previous disagreements over guidelines that the Justice Secretary, Shabana Mahmood, argued could lead to “a clear example of differential treatment” and risk “undermining public confidence in a justice system that is built on the idea of equality before the law”.

The new law introduced in today’s Sentencing Bill enhances democratic oversight by ensuring that any directive issued by the Council must be approved by both authorities. Should either party oppose a guideline, it will not be implemented, effectively ending a historic democratic deficit in the governance of sentencing frameworks. Shabana Mahmood stated that while “individual sentencing decisions will always be the responsibility of the independent judiciary – and this is something I will staunchly defend,” it is crucial that policy be set by “parliamentarians, who answer to the people.”

This legislation is a critical part of the Government’s broader Plan for Change, aiming to rebuild public confidence in the justice system. In addition to the new oversight measures, the Sentencing Bill includes provisions to prevent prison overcrowding, such as earned release sentences and increased focus on community punishment. The Government is also investing heavily in expanding prison capacity, with a commitment to increase places by 14,000 by 2031 through a £7 billion construction initiative.

Furthermore, there will be a requirement for the Council to obtain the Justice Secretary’s approval for its annual business plan, reinforcing the accountability of the Council’s operations while maintaining judicial independence in individual sentencing cases. Overall, these reforms aim to enhance the integrity of the justice system and ensure that the sentencing framework aligns with democratic principles.

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