The Conservative Party's radical proposal to dismantle the independent Sentencing Council and transfer its powers to politicians has been met with widespread condemnation from senior legal figures, with one former top judge describing the plan as "bonkers."
What the Conservatives Are Proposing
The controversial policy would see the abolition of the current judge-led Sentencing Council, which has independently set sentencing guidelines since 2010. In its place, the Tories would establish a new body under direct political control, giving the justice secretary ultimate authority over sentencing rules.
Immediate Backlash from Legal Community
Lord Igor Judge, the former lord chief justice of England and Wales, didn't mince words when reacting to the proposal. "It's bonkers," he stated, emphasising that sentencing must remain independent from political interference.
The current Sentencing Council, comprised predominantly of senior judges alongside some legal professionals, was specifically designed to insulate sentencing decisions from political pressure. Legal experts argue that moving this function to the Ministry of Justice would fundamentally undermine this separation.
Why This Matters for Justice
Legal professionals have raised serious concerns about the implications of this proposed change:
- It could lead to sentencing being used as a political football during election cycles
- Judges might face pressure to align sentences with government policy rather than legal principles
- The independence of the judiciary - a cornerstone of British democracy - could be compromised
- Public confidence in the fairness and consistency of sentencing might be eroded
Political Context and Timing
The proposal comes as the Conservative Party seeks to position itself as tough on crime ahead of upcoming elections. However, critics argue that true justice requires balancing punishment with rehabilitation and consistency, which are best served by an independent system free from political manipulation.
As the debate intensifies, legal professionals across the country are voicing their opposition, warning that this move could represent one of the most significant erosions of judicial independence in recent British history.
