TOP judges today dismissed claims they were imposing a “two-tier justice system” that favoured ethnic minority and transgender criminals.
The Sentencing Council refused a demand from Justice Secretary Shabana Mahmood to drop their controversial new guidance.
It sets up a dramatic showdown between the unelected judges and Labour who had threatened to curb their powers unless they relented.
Ms Mahmood has summoned stubborn Sentencing Council chiefs to a meeting this week where she will reiterate her displeasure at the guidance.
Tory Robert Jenrick called for every member of the 15-strong Sentencing Council – which is independent of government – to be sacked.
Last week it issued new rules telling judges to take into account a convict’s ethnicity, faith or gender when deciding whether to jail them, meaning they could get softer sentences.
In response to a fierce backlash, Ms Mahmood urged them to u-turn and warned she could pass laws to give ministers oversight on their decisions in future.
But in a terse response, Council chairman Lord Justice William Davis said he did “not accept the premise of your objection” and suggested she was encroaching on their remit.
He said: “There is a general acceptance of the guidelines by the judiciary because they emanate from an independent body on which judicial members are in the majority.
“The Council preserves the critical constitutional position of the independent judiciary in relation to sentencing.
“If sentencing guidelines of whatever kind were to be dictated in any way by Ministers of the Crown, this principle would be breached.”
Shadow Justice Secretary Mr Jenrick said last night: “The individuals on the Sentencing Council behind this two-tier guidance must be removed and replaced with people who believe in equality under the law.”
Tory leader Kemi Badenoch added: “Over decades, powers have been transferred from ministers to unelected bodies that make undemocratic decisions the public didn’t ask for and doesn’t want.”
Downing Street suggested they would follow through with their threat to legislate against the Council.
The PM’s spokesman said Ms Mahmood will “be reviewing the role and powers of the Sentencing Council, and if necessary, she’ll legislate in the Sentencing Bill that will follow that review.”
The new rules are set to come into force on April 1.