The body, which sets out recommendations to courts in England and Wales, recently published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
The updated guidance, which is due to come into force from April, says that a pre-sentence report will “usually be necessary” before handing out punishment for someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.
Shabana Mahmood, the justice secretary, had expressed her “displeasure” at the body’s recommendations, arguing that “as someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law”.
The minister had recommended that the guidance be reversed – but because the Sentencing Council is independent, she cannot order them to do so.
Responding to the news that her suggestion had been rejected, Ms Mahmood said: “I have been clear in my view that these guidelines represent differential treatment, under which someone’s outcomes may be influenced by their race, culture or religion.
“This is unacceptable, and I formally set out my objections to this in a letter to the Sentencing Council last week.
“I am extremely disappointed by the Council’s response. All options are on the table and I will legislate if necessary.”
The guidance has prompted claims of “two-tier” justice from the Conservatives, with shadow justice secretary Robert Jenrick saying it would be “very corrosive to public trust and confidence in the criminal justice system” if enacted.
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