The Sentencing Council has agreed at the last minute to suspend plans to introduce guidelines for offenders from minorities which critics claimed would create a “two-tier” legal system.
The move followed immense political pressure on the body with Sir Keir Starmer and his justice secretary Shabana Mahmood planning through emergency legislation in parliament this week to overturn the plans.
Ministers have also not ruled out scrapping the council after it initially ignored requests from Ms Mahmood to change course.
The new guidance for judges would have meant a pre-sentence report would have been needed 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.
The issue was first raised by Tory shadow justice secretary Robert Jenrick, who had been planning to go to court on Tuesday to force a pause in the implementation of the guidelines.
Ms Mahmood also announced she would introduce a draft law to the Commons aimed at blocking the guidelines on the same date.
On Monday night, the Sentencing Council, which is independent of politics, insisted the new instructions were "necessary and appropriate" but would not be implemented while the introduction of a Bill was imminent.
In a statement, the council said: “The Lord Chancellor and the chairman of the Sentencing Council met this morning. At that meeting, the Lord Chancellor indicated her intention to introduce legislation imminently that would have the effect of rendering the section on ‘cohorts’ in the guideline unlawful.
“The Lord Chancellor also shared details of that draft legislation as it is likely to be introduced. The chairman indicated that the Council would not introduce a guideline when there is a draft Bill due for imminent introduction that would make it unlawful.
“On that basis, the council, an independent statutory body, has chosen to delay the in-force date of the guideline, pending such legislation taking effect.”
The row could see further consequences with Ms Mahmood looking at changes to the body and possibly introducing a veto.
In the short term she is understood to want to have a focussed new law introduced into parliament this week with all stages completed before MPs leave for the Easter recess on Thursday.
Ms Mahmood had the backing of the prime minister Sir Keir, who said before the Sentencing Council U-turn that the bill would at least be introduced this week, expressing his “disappointment” with the Sentencing Council.
Following the council’s decision on Monday night, Mr Jenrick described the decision as “a victory for common sense”.
He added: “The sentencing council had until 5pm to respond to my legal challenge or face an injunction. I was advised we had a strong chance of winning. They have folded under the pressure.
“Thank you to everyone who supported our campaign to save equality before the law.”
Critics feared the changes could discriminate against those who do not fit into the groups highlighted under the guidelines.
The latest guidance from the council also included new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
A former lord chief justice of England and Wales has said that the “last thing anyone wants” is politicians being involved in deciding individual sentences, but also said judges would not be wanting to set policy.
Lord Thomas of Cwmgiedd told BBC Radio 4’s Today programme: “It’s obviously for Parliament to decide what the law is, but these are difficult issues.
“The last thing anyone would want is politicians involved in deciding individual sentences.
“And the last thing the judges would want is deciding ultimately on penal policy that is for the government.”
But Jack Straw, who was justice secretary when the Sentencing Council was created in 2010, has backed Ms Mahmood in taking “steps to correct the error” of the guidelines.
He told the Policy Exchange think tank: “It is clear that the Government will need to take steps to correct the error.
“Given the cross-party support for this to be resolved, as shown by the position of the shadow secretary of state, Robert Jenrick, I hope that this can be done quickly.”
