Justice secretary given veto over Sentencing Council guidance under new Sentencing Bill
Reforms require both the justice secretary and Lady Chief Justice to approve any new guidelines; government says judges' independence will not be affected
The justice secretary will be given the power to veto any new sentencing guidance proposed by the independent Sentencing Council, the Justice Department announced, in changes to be introduced through a Sentencing Bill in the House of Commons on Tuesday.
Under the measures, both the justice secretary and the Lady Chief Justice — the head of the judiciary — must individually approve any future guidance before it can be issued by the Sentencing Council. If either official withholds approval, the guidance will not be published. The council will also be required to obtain the justice secretary's consent for its annual business plan.
Shabana Mahmood, the justice secretary, said the change would "right the democratic deficit that has been uncovered" by ensuring the Sentencing Council can no longer issue new guidelines without her approval. The Justice Department said the reforms do not interfere with the independence of judges in making individual sentencing decisions.
The announcement follows criticism from ministers across government and opposition over an earlier Sentencing Council proposal advising judges to seek extra information before deciding how to punish offenders from certain minority groups. That plan prompted debate about the appropriate role of an independent body in setting or advising on sentencing practice.
The Sentencing Council is a statutory body responsible for developing sentencing guidelines for criminal courts. Its guidance is intended to promote consistency in sentencing by providing judges with frameworks and factors to consider when determining penalties. The new statutory requirement for ministerial and judicial sign-off represents a significant shift in oversight of that process.
Ministers who opposed the council's initial proposal argued that guidance of the sort it was considering risked prescribing different procedures for defendants according to group characteristics and that decisions about sentencing practice should have democratic accountability. Supporters of the council's independence have warned that adding political sign-off could politicise technical work intended to assist rather than direct judicial decision-making.
The Justice Department said the Bill's provisions were carefully framed to preserve judicial autonomy in individual cases while ensuring that the content of issued guidance has the approval of both the government and the judiciary. It said the requirement for the Lady Chief Justice's assent provides a judicial safeguard against inappropriate political interference.
The Sentencing Bill will be presented to MPs this week, initiating parliamentary scrutiny of the proposals. If passed, the measures will alter the existing statutory framework under which the Sentencing Council operates and set a new process for how sentencing guidance is approved and published.
Legal practitioners and advocacy groups are expected to examine the draft Bill closely once it is published to assess implications for the independence and functioning of the courts. The Justice Department said it would engage with stakeholders as the Bill proceeds through Parliament and that any final measures would be implemented with attention to preserving the rule of law and judicial independence.