An emergency law will be pushed through the Commons tomorrow in a desperate attempt to stop ‘two-tier’ justice.
Shabana Mahmood will seek to ‘surgically block’ new Sentencing Council guidelines which give minorities special treatment in the courts.
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 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.’
When asked whether it can be said that Ms Mahmood had been left humiliated, a Downing Street spokesman said: ‘No, she has been in dialogue with the Sentencing Council throughout, she has made her views clear.
‘As she said, all options remain on the table, and that includes legislating if necessary.’
The spokesman added that the Justice Secretary was ‘considering a range of options, and that includes reviewing the roles and responsibility of the Sentencing Council’.
However, Labour has previously blocked new legislation – drawn up by Conservative justice spokesman Robert Jenrick – which would have solved the problem by granting ministers a veto over such guidelines.
According to analysis from the Tories, additional pre-sentence reports, which would be required under the new system, could cost up to £17.5million per year.
Mr Jenrick said tonight: ‘Shabana Mahmood has lost control of the justice system.
‘From tomorrow the taxpayer will be made to foot the bill for tens of millions of pounds for a justice system that is biased against white people and Christians.
‘Anything she does now is too little, too late.’
He added that Ms Mahmood ‘should have backed my Bill that would have given her the powers to stop the two-tier sentencing guidelines, but she refused.
‘The sacred principle of equality before the law is now being torn to shreds because of her and Two-Tier Keir.’