One month after the government’s decision to block updated guidelines from the Sentencing Council, we are still waiting to find out what comes next.
The UK government is under growing scrutiny for blocking new sentencing guidelines designed to improve fairness in sentencing decisions. The Sentencing Council - an independent public body that advises judges and magistrates across England and Wales – had proposed changes to sentencing guidelines that were scheduled to take effect from 1 April 2025. These guidelines encouraged courts to more frequently use Pre-Sentence Reports (PSRs) to consider the backgrounds and circumstances of vulnerable and overrepresented groups in the criminal justice system, including racially minoritised people, young adults, and women – particularly those who are pregnant or victims of domestic abuse.
The changes were suspended following backlash from both the opposition and the media, stating that the guidance risked creating a “two-tier” system whereby certain groups may be able to avoid prison sentences based on their background.
This raises two significant concerns.
Firstly, there are already serious and systemic flaws that exist within our criminal justice system that render it unfair. Racial and ethnic minorities are over-represented in the criminal justice system:
- Black people are three times more likely to be arrested than white people (1)
- Muslim people account for 20% of the UK prison population, but only 6.5% of the general population (2)
- Black women are 29% more likely to be remanded and 25% more likely to receive a custodial sentence than white women (3)
- In 2022, racially minoritised groups accounted for 28% of the prison population, but only 18% of the general population (4)
- At the time of the 2021 census, 12.1% of the prison population were Black whilst only making up 4% of the general UK population
Research, including our 2021 ‘Worst-Case Scenario’ report, shows how the criminal justice system discriminates against Black people and other racially minoritised groups. The Sentencing Council’s proposed changes were an attempt to address and correct disparities towards these communities, so the decision to block its implementation is disappointing and begs the question of how we will make this much-needed progress.
Secondly, the blocking of these guidelines is not only disappointing, but risks derailing much-needed reforms for women in the criminal justice system. The new guidelines discouraged short custodial sentences for women, encouraged the consideration of pregnancy, domestic abuse, and addiction, and sought to reduce the number of mothers and pregnant women in prison. The government has made it clear that they are committed to reducing the number of women in prison, but the government’s silence on how women will be impacted by this legislation leaves many questioning their intentions. As Working Chance knows all too well, women with a conviction on their record face huge barriers to rehabilitation and employment, and so we are keen to learn what impact the decisions and delays will have on the women we serve.
We are urging the government to give clarity to the public on this legislation. If the Sentencing Council’s guidelines are to be blocked, then we need answers on how the government will instead address and rectify these sentencing imbalances. Ultimately, we need the government to demonstrate their commitment to creating a more compassionate and fairer justice system.
Alex Clarke
Policy Officer
(1) https://hmicfrs.justiceinspectorates.gov.uk/publication-html/inspection-of-race-disparity-in-police-criminal-justice-decision-making/
(2) https://t2a.org.uk/wp-content/uploads/2023/10/OT_Rebuilding-Lives-Report_Final-PDF-version.pdf
(3) https://www.criminaljusticealliance.org/wp-content/uploads/PCSC-briefing-equalities-FINAL-1.pdf
(4) https://irr.org.uk/research/statistics/criminal-justice/
