Justice Secretary strengthens oversight of sentencing council

In a significant move to bolster democratic oversight, the Justice Secretary has established a new legal requirement for the Sentencing Council to secure explicit approval on guidelines before they can be issued. This step is particularly relevant following previous disagreements between the Justice Secretary and the Council concerning proposed guidelines that the Justice Secretary deemed would create “a clear example of differential treatment” and jeopardise “public confidence in a justice system that is built on the idea of equality before the law”.

As part of today’s Sentencing Bill, both the Justice Secretary and the Lady Chief Justice will now have separate powers to approve any future guidelines. This dual oversight ensures that any directives issued by the Sentencing Council require explicit consent from both authorities. If either party opposes the guidance, it will not take effect, a measure aimed at eliminating a historical democratic deficit and reaffirming Parliament's role in establishing the sentencing framework.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood emphasised the importance of safeguarding judicial independence while acknowledging that “policy must be set by parliamentarians, who answer to the people,” asserting the need for enhanced democratic and judicial oversight. The Sentencing Council will also be required to seek the Justice Secretary’s approval for its annual business plan, reinforcing the accountability mechanisms without undermining the independence of judges in individual cases.

In addition to these measures, the Sentencing Bill proposes broader reforms aimed at improving the overall sentencing policy, including provisions to prevent prisons from running out of space and initiatives for tougher community punishments. This comes alongside a government initiative to expand prison capacity, the largest since the Victorian era. Already, the government has created 2,500 new places and invested £7 billion in construction, aiming to provide 14,000 additional spaces by 2031. Moreover, the Probation Service is set to benefit from a significant funding increase, with £700 million allocated by 2028/29, representing a 45 percent uplift from the current budget, facilitating the tagging and monitoring of tens of thousands more offenders.