Fact check: 'Two-tier justice!' Ethnic minority criminals to receive 'special treatment' in courts

1. Summary of the results

The headline significantly misrepresents the actual policy changes. The Sentencing Council guidance suggests judges should "normally consider" pre-sentence reports for ethnic minority offenders, but these reports are informational tools rather than direct determinants of sentence length ^[1]. Importantly, this guidance is not exclusive to ethnic minorities but applies to multiple groups including women, young adults, pregnant women, and others with specific personal circumstances ^[2].

2. Missing context/alternative viewpoints

• The guidance is part of a broader framework aimed at addressing potential disparities in sentencing outcomes, not creating preferential treatment ^[2]
• Pre-sentence reports are information-gathering tools that help courts make informed decisions, not automatic sentence reducers ^[1]
• Justice Secretary Shabana Mahmood has explicitly stated that there is no intention of differential treatment, emphasizing equality under the law ^[3]

3. Potential misinformation/bias in the original statement

• The headline's use of "special treatment" is misleading as it implies preferential treatment rather than the actual policy of gathering more comprehensive information before sentencing
• The term "two-tier justice" comes from Shadow Justice Secretary Robert Jenrick's political opposition to the guidance ^[3], representing a partisan interpretation rather than an objective assessment
• Political motivations:

Opposition politicians like Robert Jenrick benefit from portraying the guidance as discriminatory to appeal to voters concerned about perceived unfairness ^[3]

The Conservative Party can use this narrative to challenge Labour's approach to criminal justice

• The headline omits that these considerations apply to multiple vulnerable groups, not just ethnic minorities ^[2], creating a misleading impression of racial favoritism