March 6, 2025 - 4:00pm

Despite recent attempts by the BBC and Home Office civil servants to frame claims of “two-tier governance” in the UK — namely the preferential treatment of minorities — as a far-Right myth, the latest guidance published by the Sentencing Council underscores that it is all too real.

The Sentencing Council, a non-departmental public body which sets out recommendations for courts across England and Wales, has advised that a pre-sentencing report (PSR) should be considered necessary if an offender belongs to certain cohorts. These include being “from an ethnic minority, cultural minority, and/or faith minority community”. It also suggests that this should apply if an offender has disclosed that they are transgender. A PSR is an assessment of the factors that may have contributed to the offending behaviour, and seeks to provide the court with a “deeper” understanding of the context behind the crime.

Exposing the rise of modern Britain’s multicultural identitarian state, this new guidance could open the floodgates to PSRs which contribute towards much-reduced sentences for ethnic-minority offenders. This would presumably be based on the grounds of different cultural norms and religious sensitivities, totally undermining the concept of equality before the law. For example, a religiously conservative ethnic minority from a culture which does not believe in women’s rights could face a more lenient sentence for domestic abuse if the defence cites their client’s ancestry and religious beliefs. These are already enshrined as “protected characteristics” under existing equalities legislation. This would be the definition of two-tier justice.

While Labour Justice Secretary Shabana Mahmood — herself a Pakistani-heritage Muslim, in the context of the cohorts included in the new guidelines — declared yesterday that the Government will not pursue a two-tier sentencing approach, there are still questions to be answered. While Mahmood has spoken of the “independence” of the Sentencing Council from Keir Starmer’s government, the Ministry of Justice remains its “parent department”.

Shadow Justice Secretary Robert Jenrick has also flagged that Mahmood’s representative was in attendance when these new proposals were agreed. The minutes make no reference to any objections.  Though Jenrick has gone on the offensive, it is worth noting that the previous Conservative government was also consulted on the proposed changes between November 2023 and February 2024.

Irrespective of whether the new guidelines are adopted, their inclusion by the Sentencing Council will reinforce legitimate concerns over two-tier governance. This was one of the main causes of the riots last summer — namely, the widespread perception that organs of the British state seek to establish additional protections for supposedly “oppressed” minorities, including those who are guilty of breaking the law. While the UK has made significant strides in terms of racial equality, the scales are now tipping to a point which risks ethnic, religious, and cultural minorities becoming the beneficiaries of preferential treatment.

State-funded bodies such as the Sentencing Council are subject to the Public Sector Equality Duty (PSED), which requires them to combat discrimination, promote equality, and foster good community relations. The Council’s reckless intervention achieves the very opposite. If implemented, it would undermine legal equality by creating a two-tier criminal justice system. In turn, this will only fuel resentment among the white-British majority and ultimately weaken social cohesion. It is a gross dereliction of public duty.


Dr Rakib Ehsan is a researcher specialising in British ethnic minority socio-political attitudes, with a particular focus on the effects of social integration and intergroup relations.

 

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