Tories pledge to abolish Sentencing Council

The Conservatives have announced they will abolish the independent body that advises courts on sentences in a bid to stop what it has called "two-tier justice".

Shadow justice secretary Robert Jenrick said that ministers, rather than the Sentencing Council, would be responsible for setting sentencing policy if the Tories return to power at the next election. Mr Jenrick, who previously served as immigration minister, also promised to sack any judges who engage in "political activism".

Politics latest: Tories pledge to abolish business rates for high street shops and pubs Under his plans, the Judicial Conduct Investigations Office watchdog will get "new powers to investigate inappropriate conduct, and remove any judge who engages in political activism". The shadow justice secretary has also pledged to abolish the Judicial Appointments Commission and instead give the power to appoint judges to the justice secretary of the day - a move that is likely to be seen as threatening the independence of the judiciary.

"While we may have some of the best lawyers, barristers and judges in the world, it is now beyond any doubt that a deep rot has infected parts of our judiciary," Mr Jenrick said. "This will come as little surprise to the public, who have been subjected to absurd immigration judgments that work against their interests and risk their safety.

We will only restore confidence in the independence of the judiciary through wholesale changes to the way it operates." 'Not fit for purpose' Speaking while the Conservative Party conference was underway in Manchester, Mr Jenrick branded the Sentencing Council "not fit for purpose". "Never again can the British people face the prospect of two-tier justice," he continued.

"We are slipping into a two-tier nightmare under Keir Starmer. All too frequently the law is not applied equally.

No more - every single person in this country must be treated exactly the same, regardless of their background." The Sentencing Council, which sets out guidance for courts in England and Wales, found itself at the centre of controversy earlier this year after it advised judges to factor in the backgrounds of offenders as part of the sentencing process. The proposed guidelines - which never came into force as they were suspended - said courts should "normally consider" ordering a pre-sentence report (PSR) for criminals if they were from an ethnic, cultural minority or faith minority community, transgender, under the age of 25, pregnant or female.

PSRs are taken into account when considering a criminal's sentence. The council said at the time that the recommendation was aimed at reflecting disparities in sentencing outcomes.

According to the most recent government statistics, since 2018 white defendants are more likely to have a shorter jail sentence than any other ethnic group. However, the Tories called it an example of "two-tier" justice, arguing it was biased against Christians and straight white men.

Shabana Mahmood, the current home secretary who was justice secretary at the time, also 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". Following the row, it was confirmed that the justice secretary - now David Lammy - will be given the power to veto any changes to sentencing guidelines proposed by the council.

It means the Sentencing Council will be unable to issue new guidelines without the explicit approval of the justice secretary or the lady chief justice, who is head of the judiciary. Read more:Badenoch praises Thatcher but faces fight with grandeesActive plot against Badenoch at party conference A Labour spokesperson said: "This is yet more rank hypocrisy from a Conservative Party that wrecked our justice system and left Labour to pick up the pieces.

"After 14 years of Tory neglect, our prisons were left bursting at the seams because they didn't build enough prisons, our courts overwhelmed, and public confidence in the justice system was left shattered. "The Conservatives backed the proposed changes to pre-sentencing reports when they were announced and did nothing to stop them when they were in government.

Labour took action the moment we uncovered their mistake. "This is just another cynical gimmick from Jenrick, a man who constantly undermines the independence of the judiciary just to further his own career.".