By Jared Evan

The UK’s justice system has raised concerns over the fairness of sentencing, especially in light of recent changes to sentencing guidelines that appear to place more weight on an offender’s ethnicity and background.

Critics argue that this could lead to harsher treatment for certain groups, particularly white individuals, while other groups, including young migrants and ethnic minorities, may receive lighter sentences for similar offenses.

Recent updates from the Sentencing Council in England and Wales have outlined that judges should consider an offender’s ethnicity or faith more closely when determining their sentence. While the council argues that this guidance aims to address disadvantages that ethnic minorities face within the criminal justice system, many see it as a move that could favor certain groups at the expense of others.

The updated guidelines, set to take effect in April, suggest that pre-sentence reports be made more mandatory for individuals from ethnic minority backgrounds, young adults, pregnant women, and abuse survivors. While the intention is to offer a fuller picture of the offender’s background and circumstances, critics believe this could result in reduced sentences for specific groups, especially when compared to harsher penalties imposed on others.

A key point of contention has been the accusation that white people, especially those attending right-wing protests or making provocative social media posts, are being treated more harshly by the justice system. Many right-wing activists and commentators argue that these individuals often face more severe punishment than those who commit violent crimes, particularly when they belong to migrant or minority communities.

The case of young migrants committing violent crimes without facing significant prison time has sparked outrage, with accusations that the justice system is overlooking such offenses due to the offender’s background. This is seen by some as a glaring example of unfair treatment that could undermine public confidence in the system.

Critics, including shadow justice secretary Robert Jenrick, argue that these new guidelines risk creating a “two-tier” justice system, where some individuals receive preferential treatment based on their ethnicity or background, while others face harsher sentences for similar actions. They contend that this could worsen social divisions and undermine the principle of equality before the law.

Justice Secretary Shabana Mahmood, a member of an ethnic minority herself, has expressed her discontent with the changes, stating that she does not support differential treatment under the law. Despite the council’s assertion that the guidelines aim to address sentencing disparities, many question whether the focus on ethnicity and faith is the right approach, arguing that it may divert attention from the need for an unbiased system that treats all individuals equally, regardless of background.