Ethnic minority suspects are being given precedence for bail beneath ‘two-tier justice’ tips

Transgender and ethnic minority people are being given priority for bail under new guidelines drawn up by the Ministry of Justice.

Judges and magistrates are being told to prioritise those groups because they may be at ‘disproportionately higher risk’ if they are held in custody.

The guidelines asks judges to consider that some defendants may have experienced trauma through racism and discrimination. 

The document, seen by MailOnline, advises this trauma ‘may have been experienced personally, by those known to the defendant, inter-generationally and relayed to the defendant, or as a result of important historical events’.

It sets out ‘key criteria’ for identifying ‘priority defendant cohorts’ which includes women, pregnancy or maternity, young adults aged 18 to 25, people with mental health conditions, and those deemed as ‘vulnerable’. 

The 85-page policy titled ‘Probation Court Services Police Framework’, states: ‘Cases should be prioritised for defendants who may be at a disproportionately higher risk of being remanded into custody or where complex needs are identified that indicate additional support for the bail process might be beneficial.’ 

The guidance, first reported on by The Telegraph last night, was issued by the MoJ in January and are line with new Sentencing Council guidelines that come into effect today.    

An emergency law is expected to be pushed through the Commons today in a desperate attempt to stop ‘two-tier’ justice 

Justice Secretary Shabana Mahmood is seeking to ‘surgically block’ the Sentencing council guidelines which give minorities special treatment in the courts.

Justice Secretary Shabana Mahmood speaking during the official opening of HMP Millsike – the new Category C jail in Yorkshire — March 27, 2025

Earlier this month the council published principles for courts to follow when imposing community and custodial sentences, including whether or not to suspend jail time. 

The guidelines advise judges to consider an offender’s race, faith and cultural background when deciding if they should impose a custodial or community sentence.

Justice Secretary Ms Mahmood threatened to change the law if necessary after the Sentencing Council rejected her bid to ditch the guidance, which is due to come into effect on Tuesday.

Officials have spent the weekend drawing up legislation that would override the controversial elements of the guidance and stop judges from having to consider it.

Government sources said tonight it planned to clear the Commons agenda on Tuesday to push through a simple Bill to make the changes, potentially in just one day.

Ministers are also looking at more radical proposals – known as a ministerial ‘lock’ – so they can veto or amend the quango’s recommendations, according to The Sunday Times.   

‘We think this has raised big questions about the role of the council and the democratic deficit it reveals,’ one source said.

‘We will be doing more work whatever happens, looking at that question.’

Last week Sir Keir Starmer said he was ‘disappointed’ by the independent body’s decision to press ahead with the guidelines.

The 85-page policy titled ‘Probation Court Services Police Framework’ sets out ‘key criteria’ for identifying ‘priority defendant cohorts’

It includes women, pregnancy or maternity, young adults aged 18 to 25, people with mental health conditions, and those deemed as ‘vulnerable’

Ms Mahmood being given a tour during the official opening of HMP Millsike – the new Category C jail in Yorkshire — March 27, 2025

The Prime Minister said: ‘The Lord Chancellor [Ms Mahmood] is obviously continuing to engage on this, and we’re considering our response. 

‘All options are on the table, but I’m disappointed at this outcome, and now we will have to consider what we do as a result.’ 

A spokesman for the MoJ said: ‘These guidelines were first brought in under the last government. This Government will ensure equality in the courts. 

‘We are reviewing current policy that impacts the courts, and will be updating practices accordingly.’