The conservative proposal to abolish the independent, judge-led Sentencing Council and transfer its powers to the Ministry of Justice has drawn fierce criticism from across the political spectrum, with former Tory ministers describing it as bonkers, unwise, and potentially dangerous.
Shadow Justice Secretary Robert Jenrick is expected to announce the plan at the Conservative Party conference, arguing that the Sentencing Council is not fit for purpose and accusing it of undermining parliamentary intent by softening sentences for serious crimes.
He said that a future Conservative government would allow lord chancellors to set sentencing policy directly, claiming this would restore public confidence and end a two-tier justice nightmare under Keir Starmer.
The senior Conservatives and legal experts warned the move would politicise sentencing and worsen the prison overcrowding crisis.
Former attorney general Dominic Grieve called the idea bonkers, said “sentences have been rising, and there is no prison capacity left. The council provides consistency and this proposal is unimplementable.”
Bob Neill, former Tory justice committee chair, said the plan was “very unwise and potentially dangerous.”
Critics warned it could lead to longer jail terms without addressing the lack of prison space.
The Sentencing Council, created in 2010 to depoliticise sentencing, issues non-binding guidelines to ensure consistency across courts.
Jenrick, argues it has become an “unaccountable quango.”
Former chief crown prosecutor Nazir Afzal said, “Judges are guided by law and fairness, politicians chase headlines. Handing sentencing to ministers guarantees a two-tier justice system.”
Labour dismissed the proposal as a publicity stunt, accusing Jenrick of undermining judicial independence for personal political gain.
