Robert Jenrick’s proposal to eliminate the Sentencing Council is being strongly criticized as a manipulative tactic. The Shadow Justice Secretary is being accused of eroding the independence of the judiciary by aiming to increase the authority of politicians.
During his address at the Conservative Party conference in Manchester on Tuesday, Jenrick will allege that the Sentencing Council has been softening sentences and advocate for giving more control to ministers. He is anticipated to outline strategies to place ministers in charge of setting sentencing policies.
This move follows a series of criticisms from Jenrick against what he perceives as activist judges injecting their political beliefs into court decisions. The Labour Party condemned the announcement, labeling it as further evidence of hypocrisy from the Conservative Party, which they claim damaged the justice system throughout their 14-year rule.
A comprehensive review of sentencing practices identified the gradual rise in prison sentences, combined with the Conservatives’ failure to expand prison capacities, as factors contributing to overcrowded prisons. A Labour representative pointed out the consequences of Tory negligence, emphasizing issues like overcrowded prisons, overwhelmed courts, and diminished public trust in the justice system.
The government recently took action against the Sentencing Council in response to a dispute over unequal justice. Ministers have restricted the independent body from issuing guidelines to judges after criticizing the Council for suggesting that judges consider factors like ethnicity or gender when requesting pre-sentence reports.
In his upcoming speech, Jenrick will emphasize the need for equal treatment under the law, decrying what he perceives as a growing divide in justice under Keir Starmer’s leadership. The President of the Law Society of England and Wales, Richard Atkinson, reiterated the importance of maintaining judicial independence and upholding the rule of law through sentencing guidelines that ensure consistency while allowing judges discretion to tailor sentences appropriately within the legal framework.
Overall, the debate surrounding the Sentencing Council and the government’s stance on judicial independence continues to spark controversy and debate within the legal and political spheres.