WESTMINSTER, 8 May 2025: The UK Government has been accused of “running scared of rather nasty right-wingers” after moving to block proposed changes to sentencing guidelines aimed at addressing racial and cultural disparities in the justice system.
The Sentencing Guidelines (Pre-sentence Reporters) Bill, which has now passed its second reading in the House of Lords, seeks to prevent the implementation of new guidance from the independent Sentencing Council. The guidance would have recommended that courts request a pre-sentence report (PSR) before sentencing individuals from ethnic, cultural or religious minorities — a move intended to provide greater context and mitigate disparities in outcomes.
Pre-sentence reports are designed to give judges insight into an offender’s background, the circumstances surrounding the offence, and their suitability for different types of punishment. Research has linked the use of PSRs with an increased likelihood of community-based sentences rather than custodial ones.
However, ministers argue the proposal risks creating a “two-tier” justice system and undermines the principle of equal treatment under the law. The Government claims the guidance, by encouraging judges to consider a person’s background in this way, would effectively allow differential treatment based on race or faith.
In response, critics accused the Labour-led Government of caving to pressure from hardline voices. Green Party peer Baroness Jones of Moulsecoomb told the Lords: “The Sentencing Council is an independent body that saw a problem and tried to do something about it. Now the Labour Government is running scared of these rather nasty right-wingers who are trying to interfere.”
Baroness Jones cited tech mogul Elon Musk, who previously claimed that Britain already has a two-tier justice system — a view she says aligns with the findings of the Lammy Review, commissioned in 2017. That landmark report, led by then-MP David Lammy (now Foreign Secretary), uncovered systemic racial disparities at every stage of the criminal justice process, including sentencing outcomes for minority groups.
“We do not have equality under the law,” said Baroness Jones. “Women are still being imprisoned for things that men are not. Ethnic minorities face harsher outcomes. The Sentencing Council proposed the mildest of changes to redress this, and it’s being blocked.”
The Bishop of Gloucester, the Right Reverend Rachel Treweek, also spoke out during the debate, describing the Bill as “theatrical” and likening it to “am-dram politics”. She said that in an ideal world, PSRs would be prepared for all defendants. But given limited resources, prioritising them for those most vulnerable to systemic bias made logical sense.
“Is the Government really saying the issues raised in the Lammy Review are no longer relevant?” she asked. “Using the Sentencing Council guidelines to wage a culture war is distressing and undermines public confidence in justice.”
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However, Baroness Fox of Buckley, an unaffiliated peer, defended the Bill and criticised what she described as “using criminal justice to compensate for perceived racial unfairness and alleged social injustices”. She dismissed claims of a culture war as a “slur” and warned against turning the courtroom into a space for political redress.
In defence of the legislation, prisons minister Lord Timpson said the Government’s priority was to preserve public trust and equality before the law. “It is not for the Sentencing Council to set guidance that judgments should be made based on characteristics such as race or ethnicity,” he said.
While acknowledging the need to address disproportionality, Lord Timpson stated that such matters are “policy decisions” for elected officials, not for independent bodies or judges. He confirmed the Ministry of Justice has launched a review into racial disparities within the system and will “carefully consider” its next steps.
The Bill’s progress has reignited fierce debate over fairness, equality, and the politicisation of justice — with no signs of consensus in sight.
