The Sentencing Council has come under fire in recent months following guidelines which caused uproar.
Keir Starmer on Thursday afternoon at VE Day event (Image: Getty)
Robert Jenrick has taken aim at “two-tier Keir” immigration “gimmicks” with hundreds of convicted illegal migrants set to avoid deportation because of lax Sentencing Council guidelines
Draft guidance by the council would allow migrants convicted of immigration offences to escape with sentences below the threshold for automatic deportation.
This is because the council’s “starting points” for sentences are below the cut-off point of 12 months in prison, after which convicted migrants automatically face deportation.
Based on the number of prosecutions for these offences in 2022, it will mean hundreds of immigration offenders a year would avoid deportation.
Shadow Justice Secretary Robert Jenrick said: “Under Two-Tier Keir immigration sentences are set to be watered down, meaning hundreds of foreign offenders will avoid the threshold for automatic deportation each year.
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“This makes a complete mockery of Labour’s immigration gimmicks. The Justice Secretary’s representative signed this off and now our borders will be blown further open.
“The only people benefiting from this Labour Government are the trade unionists, criminals and illegal migrants.
“Starmer must accept my Bill to block these ludicrous guidelines and sack the members of the Sentencing Council responsible for yet more madness.”
The draft proposals for the facilitation offence were first discussed by the Sentencing Council on July 26th 2024.
The wider array of immigration offences were first discussed by the Sentencing Council on 15th November and then later on the 24th January.
It is understood that Justice Secretary Shabana Mahmood had a representative at a meeting signing off the changes.
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Ms Mahmood said last month she will review the role of the Sentencing Council following a “two-tier” justice row over its latest guidelines.
Labour and the Conservatives have criticised the council’s plan to advise judges in England and Wales to seek extra information before deciding how to punish offenders from certain minority groups.
The guidelines have now been abandoned after ministers tabled an emergency law to override them.
But Ms Mahmood also told MPs she would launch a review of the “proper role” of the council and how it makes guidelines, to begin in the coming months.
A Ministry of Justice spokesperson said: “This Government is committed to deporting eligible Foreign National Offenders as quickly as possible. Immigration offenders receiving sentences of less than 12 months can still be deported.”
