Henry Bolton has branded new sentencing guidelines as "absolutely outrageous", claiming they create an unjust "two-tier system" of justice.
The controversy centres on new guidelines published by the Sentencing Council, due to come into force in April.
Under the reforms, judges would be required to consider a defendant's background, including their ethnicity, when deciding jail terms.
Speaking to GB News, Henry Bolton said: "I find it absolutely outrageous. Most people will not have a clue until now that the body that advises judges and magistrates on sentencing is not accountable and is totally independent of the government.
"That’s concerning. The second thing is, if you do not treat everyone equally before the law, you have a system that is not just.
"The courts take consideration of all matters put before them, all the evidence, all the defence elements, and so on.
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"That should be it. The moment you start to treat certain elements of society in a different way, in the eyes of the law, you have a two-tier system.
"And if it's partly religious and so on, it ends up being sectarian as well. It's simply not acceptable."
Peter Tatchell responded: "Well, first, let me say that I am not in favour of special treatment for anyone. The law should be fair and impartial for all of us.
"Having said that, these are only pre-sentencing guidelines. Having a pre-sentencing report does not mean you will get a lesser sentence.
"The purpose is to investigate if there are factors in the person’s background that may be relevant to the crime for which they’ve been convicted.
"So, for example, if a woman stabs or attacks her husband, it is relevant to know if she’s been a long-term victim of domestic violence by her husband.
"That’s not to excuse her behaviour, but it puts it in context. And really, crucially, we know from research that black offenders are likely to get much tougher sentences than white offenders for equivalent crimes.
"That is a bias in the criminal justice system, and that is wrong. That’s unfair. It has to be rectified."
Justice Secretary Shabana Mahmood has called for the reversal of the guidelines, stating she is "concerned the new guidance was inherently unfair".
The new guidelines would apply to several groups beyond ethnic minorities.
These include young adults aged 18 to 25, women and pregnant women.
The Sentencing Council has placed greater emphasis on the "critical role" of pre-sentence reports.
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The controversy centres on new guidelines published by the Sentencing Council, due to come into force in April.
Under the reforms, judges would be required to consider a defendant's background, including their ethnicity, when deciding jail terms.
Speaking to GB News, Henry Bolton said: "I find it absolutely outrageous. Most people will not have a clue until now that the body that advises judges and magistrates on sentencing is not accountable and is totally independent of the government.
"That’s concerning. The second thing is, if you do not treat everyone equally before the law, you have a system that is not just.
"The courts take consideration of all matters put before them, all the evidence, all the defence elements, and so on.
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"That should be it. The moment you start to treat certain elements of society in a different way, in the eyes of the law, you have a two-tier system.
"And if it's partly religious and so on, it ends up being sectarian as well. It's simply not acceptable."
Peter Tatchell responded: "Well, first, let me say that I am not in favour of special treatment for anyone. The law should be fair and impartial for all of us.
"Having said that, these are only pre-sentencing guidelines. Having a pre-sentencing report does not mean you will get a lesser sentence.
"The purpose is to investigate if there are factors in the person’s background that may be relevant to the crime for which they’ve been convicted.
"So, for example, if a woman stabs or attacks her husband, it is relevant to know if she’s been a long-term victim of domestic violence by her husband.
"That’s not to excuse her behaviour, but it puts it in context. And really, crucially, we know from research that black offenders are likely to get much tougher sentences than white offenders for equivalent crimes.
"That is a bias in the criminal justice system, and that is wrong. That’s unfair. It has to be rectified."
Justice Secretary Shabana Mahmood has called for the reversal of the guidelines, stating she is "concerned the new guidance was inherently unfair".
The new guidelines would apply to several groups beyond ethnic minorities.
These include young adults aged 18 to 25, women and pregnant women.
The Sentencing Council has placed greater emphasis on the "critical role" of pre-sentence reports.
Find Out More...