Fresh 'two-tier justice' row erupts as police chiefs criticised for saying ethnic minorities can be treated differently

A fresh row has erupted over 'two-tier justice' after it emerged that police officers have been told ethnic minorities can be treated differently.

A report from police chiefs said that their commitment to "racial equity" did not mean "treating everyone the same or being colour blind".

It instead called for "equality of policing outcomes" for different ethnic groups by responding to specific needs.

The guidance, issued by the National Police Chiefs’ Council (NPCC) and the College of Policing, said police should be committed to "an end to racial disparities" in policing outcomes "however seemingly impossible both may be".

It claimed that black people are "criminalised" and that it is "not enough" for officers to not be racist. Forces must "become anti-racist", the report said.

Shadow home secretary Chris Philp said the guidelines amounted to "unacceptable social engineering".

"Has the Home Secretary seen the police's Anti-Racism Commitment… which says that the police do not have to treat everyone the same regardless of race and calls for arrest rates to be artificially engineered to be the same across racial groups?" he asked in the Commons.

"Does she agree that this two-tier approach to policing is totally unacceptable?"

He called for Yvette Cooper to table an amendment to the Crime and Policing Bill overriding the guidelines.

"The police already have to swear an oath on their impartiality and policing without fear or favour," Ms Cooper said.

"That is the responsibility of every single police officer right across the country."

Chief Constable Gavin Stephens, chairman of the NPCC, told the Telegraph: "People from black communities have the lowest levels of confidence in the police, are under-represented in our workforce and are more likely to experience police powers such as stop and search or use of force.

"Recent independent inquiries by Baroness Louise Casey and Lady Elish Angiolini have also urged our service to renew its efforts to address racism and discrimination."

He added: "This historic and ongoing mistrust between the police and black communities risks for example people not reporting things to the police if they are in trouble or aiding our efforts to catch criminals.

"Explaining or reforming race disparities and addressing mistrust with black communities will mean we are more effective at fighting crime and protecting all communities."

It comes as the Sentencing Council has hit pause on its controversial new 'two tier' guidelines after a showdown with ministers.

The Government announced draft legislation to block the changes, with the independent Sentencing Council insisting the new instructions were "necessary and appropriate" but would not be implemented while the introduction of a Bill was imminent.

Ministers had promised legislation to overturn the guidance and have not ruled out ultimately scrapping the council after it initially ignored requests from the Justice Secretary to change course.

The new guidelines for judges says a pre-sentence report will usually be needed before sentencing someone of an ethnic, cultural or faith minority, alongside other groups such as young adults aged 18 to 25, women and pregnant women.

They had been due to come into effect on Tuesday but Justice Secretary Shabana Mahmood announced she would introduce a draft law to the Commons aimed at blocking the guidelines on the same date.

On Monday evening, the council said in a statement: "The Lord Chancellor and the chairman of the Sentencing Council met this morning.

"At that meeting, the Lord Chancellor indicated her intention to introduce legislation imminently that would have the effect of rendering the section on 'cohorts' in the guideline unlawful.

"The Lord Chancellor also shared details of that draft legislation as it is likely to be introduced. The chairman indicated that the Council would not introduce a guideline when there is a draft Bill due for imminent introduction that would make it unlawful.

"On that basis, the council, an independent statutory body, has chosen to delay the in-force date of the guideline, pending such legislation taking effect."