Tories Vow to Axe Sentencing Council

The Conservative Party’s new pitch to scrap the Sentencing Council and hand sentencing powers directly to ministers is already causing major fallout—not just from political opponents, but from within the party itself.

Shadow Justice Secretary Robert Jenrick unveiled the plan at the Conservative Party conference, saying the current system has created a “two-tier nightmare” where people are treated differently based on background. He told attendees, “The public are sick of voting for tougher sentences and getting the opposite.” 

Under his proposal, the Sentencing Council—a judge-led body formed in 2010—would be abolished, and the justice secretary would take charge of setting all sentencing guidelines in England and Wales. Jenrick says this shift would ensure consistency and reflect the will of voters: “Every single person in this country must be treated exactly the same, regardless of their background.”

The Sentencing Council was originally set up under Gordon Brown to keep sentencing decisions grounded in legal reasoning, free from political agendas. It includes judges and laypeople, and while its guidelines aren’t binding, they help ensure fairness and consistency.

The move comes after a high-profile row earlier this year over guidance suggesting judges consult pre-sentence reports for certain groups—including ethnic minorities, young adults, pregnant women, and abuse survivors—before handing down prison terms. That guidance was later withdrawn, but the backlash clearly stuck with the Conservatives.

According to Jenrick, the Sentencing Council is “not fit for purpose” and has been “watering down” sentences by recommending jail terms far below the maximums allowed by Parliament. He pointed to burglary sentencing guidelines, which cap out at six years under council advice despite Parliament allowing for up to 14 years.

But the plan has sparked sharp criticism from former Tory ministers who say it risks undermining the justice system entirely. Former attorney general Dominic Grieve didn’t hold back, calling the idea “bonkers.” He warned that sentences are already getting longer and prison space is stretched to the limit. “The Sentencing Council has done good work in providing consistency,” Grieve said. “This proposal is the cheapest form of politics as he must know it is unimplementable.” Bob Neill, another former Conservative MP and chair of the Commons justice committee, called the plan “very unwise and potentially dangerous,” while a third ex-minister slammed it as “a policy that has not been thought through.”

Critics warn that removing the council could lead to harsher sentencing without the infrastructure to support it, pushing prisons beyond breaking point. There are also concerns about political interference in decisions traditionally left to judges. Nazir Afzal, a former chief crown prosecutor, summed it up bluntly: “Politicians chase headlines while judges try to uphold fairness. If you want to guarantee a two-tier justice system you let politicians determine the sentencing.”

Labour hasn’t held back either. A party spokesperson accused the Conservatives of hypocrisy, pointing out that they supported the controversial guidance when it was first introduced. “Labour took action the moment we uncovered their mistake,” the spokesperson said, calling Jenrick’s plan “a cynical gimmick” aimed at self-promotion.

Despite the political storm, Jenrick insists he’s focused on delivering what voters want. “No longer will an unaccountable quango be able to subvert the will of the British people for criminals to be properly punished,” he said.

Still, the timing of this announcement is raising eyebrows. The Conservatives are trailing in the polls, and questions around the leadership of Kemi Badenoch continue to swirl. Jenrick—who ran for leader last year—dismissed speculation at the conference, saying: “My expectation is that Kemi will lead this party into the next general election.”