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In a recent video, UK barrister Daniel Shensmith raises concerns about upcoming changes to UK sentencing guidelines, set to take effect on April 1st. He argues that these changes create a disparity in sentencing outcomes based on ethnicity, gender, and other characteristics.
According to the new guidelines, individuals from ethnic, cultural, or faith minority backgrounds, as well as transgender individuals and women, are more likely to receive a pre-sentencing report before a custodial sentence is imposed. This report can influence whether an offender receives a prison sentence or a community order. Shensmith argues that, in practice, this means white British men are less likely to receive such reports, making them statistically more likely to receive custodial sentences than other groups in similar circumstances.
Shensmith acknowledges that the justification for these changes is to address existing sentencing disparities—where ethnic minorities have historically received harsher sentences. However, he believes this approach is flawed, as it risks creating a two-tier justice system that discriminates against certain groups rather than ensuring equal treatment under the law.
He warns that these guidelines could lead to legal challenges based on discrimination claims, as individuals who do not receive a pre-sentencing report may argue they were treated unfairly based on their ethnicity or background. While he trusts that most judges will apply the law fairly, he believes that these guidelines introduce unnecessary bias into the judicial system.
Shensmith encourages viewers to read the full guidelines and form their own opinions, emphasizing that mainstream media has largely overlooked this issue.
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According to the new guidelines, individuals from ethnic, cultural, or faith minority backgrounds, as well as transgender individuals and women, are more likely to receive a pre-sentencing report before a custodial sentence is imposed. This report can influence whether an offender receives a prison sentence or a community order. Shensmith argues that, in practice, this means white British men are less likely to receive such reports, making them statistically more likely to receive custodial sentences than other groups in similar circumstances.
Shensmith acknowledges that the justification for these changes is to address existing sentencing disparities—where ethnic minorities have historically received harsher sentences. However, he believes this approach is flawed, as it risks creating a two-tier justice system that discriminates against certain groups rather than ensuring equal treatment under the law.
He warns that these guidelines could lead to legal challenges based on discrimination claims, as individuals who do not receive a pre-sentencing report may argue they were treated unfairly based on their ethnicity or background. While he trusts that most judges will apply the law fairly, he believes that these guidelines introduce unnecessary bias into the judicial system.
Shensmith encourages viewers to read the full guidelines and form their own opinions, emphasizing that mainstream media has largely overlooked this issue.
BlackBeltBarrister
I am Daniel ShenSmith, a Master 7th Degree Black Belt and Barrister of England and Wales. I am also a qualified finance professional (mortgage advisor). The #BlackBeltBarrister channel provides legal, business, and financial guidance * on #law, #money, and legal matters. Formal advice can be...
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