Main content

How just is our justice system?

Michael Buerk chairs a live debate examining the moral issues behind one of the week's news stories. With Ash Sarkar, Tim Stanley, Inaya Folarin-Iman and Giles Fraser.

Proposed new guidance from the Sentencing Council for England and Wales 鈥 which is due to come into effect in April 鈥 would make the ethnicity, faith or personal circumstances of an offender a bigger factor when deciding whether to jail them. The independent body is responsible for issuing guidelines 鈥渢o promote greater transparency and consistency in sentencing鈥.

Official figures show that offenders from ethnic minorities consistently get longer sentences than white inmates for indictable offences. Supporters of the guidance see it as an important correction of implicit bias within the justice system, leading to the most effective balance of punishment and rehabilitation for the individual. But critics 鈥 including the Justice Secretary 鈥 are concerned it will create "two-tier justice". As Shabana Mahmood put it: "As someone who is from an ethnic minority background myself, I do not stand for any differential treatment before the law, for anyone of any kind". How much should judges consider an offender鈥檚 background?

Questions about the 鈥渇airness鈥 of sentencing are the symptom of a wider disparity within the justice system: the fact that black and Muslim men are disproportionately represented in the prison population, and how that might be addressed. How much is it the mark of a 鈥渞igged鈥 society, which traps multiple generations in poverty and deprivation? How much is it about family and community dysfunction and a lack of role models?

How just is our justice system?

Chair: Michael Buerk
Producer: Dan Tierney
Assistant Producer: Peter Everett
Editor: Tim Pemberton

Panel:
Ash Sarkar
Tim Stanley
Inaya Folarin-Iman
Giles Fraser

Witnesses:
Kirsty Brimelow
Henry Hill
Sheldon Thomas
Rakib Ehsan

Available now

57 minutes

On radio

Today 21:00

Broadcasts

  • Wednesday 20:00
  • Today 21:00

The Evidence Toolkit

The Evidence Toolkit

Check out the claims made in news stories with this interactive tool.

Podcast