Justice Secretary Shabana Mahmood has not helped a row over new sentencing guidelines “one iota” by employing “megaphone diplomacy”, one of her predecessors has warned.
Former Conservative justice secretary Sir Robert Buckland also suggested he had no truck with his former colleagues, including Kemi Badenoch, accusing the Government of implementing “two-tier” justice.
Lord Falconer, a Labour former justice secretary, meanwhile warned ministers against making an emergency change to the law in order to overrule the Sentencing Council, the body responsible for a new set of rules at the heart of the row.
Earlier this month the council published new principles for courts to follow when imposing community and custodial sentences, including whether to suspend jail time.
The updated guidance, which comes into force from April 1, says 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.
Critics fear the change could discriminate against those who do not fit into these groups.
Ms Mahmood warned “all options are on the table” to alter the guidance, after the Sentencing Council refused a request from her to change it.
But speaking on BBC Radio 4’s Today programme, Tory former justice secretary Sir Robert contested the idea it needed to be changed.
“The list that you’ve just given, including race and ethnicity, is a non exhaustive list, and it’s not an exclusive set of principles,” he said.
Sir Robert added: “I sat in the hotseat as a part-time Crown Court judge, the pre-sentence report is an incredibly useful resource.
“As Lord Chancellor, I was very supportive of its use.
“I just don’t see what the fuss is about here, and I’m rather concerned that the megaphone diplomacy that I’m seeing being deployed by the Lord Chancellor (Ms Mahmood) isn’t helping the situation one iota.”
Sir Robert was also asked what he thought of Tory leader Mrs Badenoch and her shadow justice secretary Robert Jenrick, who had accused the Government of presiding over a two-tier justice system.
“Well, look, I’ve never agreed with this perception that the Prime Minister or anybody is presiding over a two-tier system, we are all equal before the law,” he said.
Referring to last summer’s riots, he added: “Indeed, we saw during the summer, I think, the swift and effective execution of justice.”
Also appearing on the programme, Labour peer Lord Falconer said he agreed with Ms Mahmood the Sentencing Council was wrong, as the new guidance “gives the impression of an unfair system”.
However, he cautioned the Government against threatening to change the law in order to bypass the Sentencing Council.
The Justice Secretary needs to hold a consultation into the proposals, Lord Falconer said, instead of relying on work done by the previous government.
In words of caution for Ms Mahmood, he told the BBC: “I wouldn’t be in favour of emergency legislation before the consultation.
“The reason I’d be against emergency legislation at this stage is because I would take the view that the Government would get themselves into a very difficult position if every time they disagreed with the council’s views, they had emergency legislation.”
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