Robert Jenrick presented his own Bill to parliament today that would strike down new sentencing guidance that may give straight, white men harsher sentences than minorities.
Taking to the Commons, the top Tory said he was doing the Justice Secretary’s job for her as she’s too lazy to take action.
Mr Jenrick fumed: “As a lawyer herself, I would have thought she would have know the difference between the last guidance and the new one – I say ‘as a lawyer’, but with this Cabinet you never really know who’s a real lawyer or who’s just pretending to be one!
“In 21 days time, by the Justice Secretary’s own admission, we will have two-tier justice. Her plan to fix this won’t come into effect for a year. That’s unacceptable!
“As she’s been too lazy to do her job, I’ll do it for her. Today I am presenting a Bill to block these two-tier sentencing guidelines and to fix her mess. It’s here, it’s ready to go. Will she support it?
Robert Jenrick volunteered his own bill to strike down the new sentencing guidelines (Image: Parliament Live)
“Will she stand with us on this side of the house for equality under the law, or will it be two-tier justice with her and two-tier Keir?”
Ms Mahmood declined to take up Mr Jenrick’s offer, and accused her Tory opposite of only being interested in taking Kemi Badenoch’s job rather than fixing Britain’s justice system.
Mr Jenrick’s Bill, backed by Ms Badenoch, would prevent new sentencing guidelines from coming into force without the consent of the Secretary of State, and give the Secretary of State the power to amend any sentencing guidelines prepared by the council.
New guidance from the sentencing council last week – a quango – told judges that criminals “from an ethnic minority, cultural minority and/or faith minority community” should be specifically considered for pre-sentence reports, meaning they could be considered differently to white counterparts.
The hugely controversial new guidance also said pre-sentence reports, which are designed to “tailor” sentences most appropriate to an offender’s history and background, for example to deal with their drug addiction or homelessness, should be prepared if a criminal has declared they are “transgender”.
Shabana Mahmood has demanded a u-turn from the sentencing council (Image: Getty)
The Sentencing Council, explaining the changes to magistrates, said: “A pre-sentence report can be pivotal in helping the court decide whether to impose a custodial sentence or community order.”
Justice Secretary Shabana Mahmood responded to the alarming warning by telling MPs: “As someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law, for anyone of any kind.
“And there will never be a two-tier sentencing approach under my watch”.
This morning a senior minister was left squirming as he was asked to say who is to blame for new sentencing guidance.
Matthew Pennycook was told to explain how the government had missed the major change to prison sentencing guidelines, as his party was accused of being ‘asleep at the wheel’.
Yesterday top judges rejected claims they are creating a ‘two-tier justice system’ and slammed Justice Secretary Shabana Mahmood after she demanded the arms-length body perform a major u-turn.
The council’s justices said they “do not accept the premise of your objection”, in a letter to Ms Mahmood.
Mr Pennycook told Sky News: “It is ministers that determine policy. And while we absolutely respect the independence of the judiciary ministers have that obligation to set policy. We don’t agree with this policy.”
However Sky’s host pointed out that the new two-tier guidance was discussed 15 times between July 2022 and January 2025.
He was asked: “How was this not spotted?”
Mr Pennycook replied: “I’m not going to speak for the individual civil servants who were in whatever particular meeting… I think the Justice Secretary could not have been clearer about her view and the government’s view.”
Presenter Wilfred Frost pointed out that the Secretary of State only became aware of the guidance after shadow Justice secretary Robert Jenrick brought it to her attention.