Moral Maze

Proposed new guidance from the Sentencing Council for England and Wales – which is due to come into effect in April – would make the ethnicity, faith or personal circumstances of an offender a bigger factor when deciding whether to jail them. The independent body is responsible for issuing guidelines “to promote greater transparency and consistency in sentencing”. Official figures show that offenders from ethnic minorities consistently get longer sentences than white inmates for indictable offences. Supporters of the guidance see it as an important correction of implicit bias within the justice system, leading to the most effective balance of punishment and rehabilitation for the individual. But critics – including the Justice Secretary – are concerned it will create "two-tier justice". As Shabana Mahmood put it: "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". How much should judges consider an offender’s back