Does equality before the law mean treating everyone the same? Sparks have flown in recent weeks as Lord Chancellor Shabana Mahmood and Lord Davis, Chairman of The Sentencing Council, debate proposed guidelines that encourage judges to consider pre-sentence reports for certain groups, including ethnic and religious minorities. The Lord Chancellor has publicly criticised the proposals for creating a "two-tier" justice system.

In this episode, hosts Penelope and Rob are joined by Sonya Ruparel, CEO of Women in Prison, and journalist David Shipley. They discuss what sparked the debate, why some oppose the guidelines, and who should have final say on matters informing sentencing.

Sonya Ruparel

Read Women in Prison's statement: https://womeninprison.org.uk/news/women-in-prison-respond-to-discussion-on-sentencing-council-guidance

David Shipley

Read David's article for the Spectator: https://www.spectator.co.uk/article/the-sentencing-council-has-been-humiliated/

Further resources:

Read the guidlines that sparked the debate: https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/imposition-of-community-and-custodial-sentences-overarching-guideline/

Read Rob's analysis of the debate: https://reformingprisons.blogspot.com/2025/04/parliamentary-undersight-strange-case.html

Read the letters between the Lord Chancellor and Lord Davis:

https://www.sentencingcouncil.org.uk/wp-content/uploads/20250310-Letter-from-Lord-Justice-William-Davis-to-Lord-Chancellor-on-Imposition-FOR-PUBLICATION.pdf

https://assets.publishing.service.gov.uk/media/67e6640655be617e1490d69c/lord-chancellor-rt-hon_lord-justice-davis.pdf

https://www.sentencingcouncil.org.uk/wp-content/uploads/2025-03-26-Letter-to-the-Lord-Chancellor-from-William-Davis-LJ-1.pdf

Transform Justice

Website: ⁠⁠⁠⁠⁠⁠www.transformjustice.org.uk⁠⁠⁠⁠⁠⁠

BlueSky: @transformjustice.bsky.social

Email: ⁠⁠⁠⁠⁠⁠⁠[email protected]⁠⁠⁠⁠⁠⁠⁠

The Transform Justice podcast is hosted by Penelope Gibbs and Rob Allen and produced and edited by Alexandra Kimmons.