Two-tier sentencing is a grave injustice

THE overriding principle of British justice is that everyone is equal in the eyes of the law.

Regardless of sex, race, religion, political belief or status, each person is meant to be treated the same by the courts.

So the fact that this simple and hard-won concept is being abandoned in the latest sentencing guidelines is deeply troubling.

In another display of misguided political correctness, judges have been told to consider showing more leniency to offenders from deprived or difficult backgrounds.

Mitigating factors include poverty, poor education, insecure housing, and drug or alcohol problems. Incredibly, they’ll even be dealt with more sympathetically if family members are offenders too.

These absurd new rules have been drawn up by the Sentencing Council. Worryingly politicised, its members seem to see themselves as social engineers, while neglecting their primary purpose – to ensure crime is appropriately punished.

Just what will most decent people make of it? Might they not object to judges operating under the wrong-headed assumption that criminals who have suffered disadvantage should be treated less harshly?

A challenging upbringing shouldn’t be used as an excuse for offending. It is patronising to suggest a poorer background sets a person on the path to a life of crime. The overwhelming majority overcome poverty to make a valuable contribution to society.

Under these edicts, those who come from middle- class households are likely to get stiffer penalties, which is unjust. And irrespective of how tough an offender’s background was, it won’t lessen the trauma suffered by their victim.

The guidance has created unease in the cloistered world of the law. Ministers, too, are concerned. The Tories must share the blame, however. In 14 years of power, they have dismally failed to challenge the unaccountable Blairite quangocracy that is tasked with setting so many rules.

Judges may already take into account criminals’ backgrounds when discussing punishment so these reforms are not needed. Creating a form of two-tier justice simply weakens a pillar of our democracy.