Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘racial bias

The treatment of, and outcomes for, Black, Asian and Minority Ethnic (BAME) individuals in the criminal justice system: the Lammy Review

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At the beginning of 2016, David Lammy MP was asked by the then Prime Minister David Cameron to review the workings of the criminal justice system, with the object of seeing whether the system worked fairly, in particular in relation to BAME individuals. (The review was noted in this blog in February 2016; its interim findings were noted here in November 2016)

The final report of the review was published in September 2017.

The bare statistics tell a familiar story. Thus the study found, for example:

  • the fact that BAME individuals are disproportionately represented in the criminal justice system costs the taxpayer at least £309 million each year;
  • the proportion of BAME young offenders in custody rose from 25% to 41% between 2006 and 2016, despite the overall number of young offenders falling to record lows;
  • the rate of Black defendants pleading not guilty in Crown Courts in England and Wales between 2006 and 2014 was 41%, compared to 31% of white defendants. (This means they lose the possibility of reduced sentences and it raises questions about their level of trust in the system.);
  • the BAME proportion of young people offending for the first time rose from 11% in 2006 to 19% a decade later;
  • there was an identical increase in the BAME proportion of young people reoffending over the same period.

Lammy looked at what happens in a number of other countries to see whether we could learn from experience elsewhere.

Two specific examples may be noted.

  1. Taking inspiration from youth justice in Germany, Lammy argues that rigorous assessments of a young offender’s maturity should inform sentencing decisions. Those judged to have low levels of maturity could also receive extended support from the youth justice system until they are 21.
  2. He also called for ‘Local Justice Panels’ to be established, taking inspiration from New Zealand’s Rangatahi courts, where local people with a direct stake in a young offender’s life are invited to contribute to their hearings. These panels would normally deal with first-time offenders given community sentences, include key figures such as teachers or social workers, and hold local services to account for a child’s rehabilitation.

Lammy made a number of innovative recommendations for judges, prosecutors and prisons.

For example, he proposed that a ‘deferred prosecution’ model  be rolled out, allowing low-level offenders to receive targeted rehabilitation before entering a plea. Those successfully completing rehabilitation programmes would see their charges dropped, while those who did not would still face criminal proceedings. (Such a scheme has already been piloted in the West Midlands, with violent offenders 35% less likely to reoffend. Victims were also more satisfied, feeling that intervention before submitting a plea was more likely to stop reoffending.)

He recommended that all sentencing remarks made by judges in the Crown Court should be published. He argued that this could help to make justice more transparent for victims, witnesses and offenders. It would also  start to address the ‘trust deficit’ between BAME individuals and the justice system, which Lammy argues  has contributed to Black and Asian men and Asian women being over 50% more likely than their White counterparts to enter a not guilty plea.

He also argues the UK should learn from the US system for ‘sealing’ criminal records, claiming ex-offenders should be able to apply to have their case heard by a judge or independent body, such as the Parole Board, where they could prove they have reformed. The judge would then decide whether to ‘seal’ the record, having considered factors such as time since the offence and evidence of rehabilitation. If the decision goes the applicant’s way, their record will still exist, but the individual would not need to disclose it and employers would not be able to access it. Lammy hoped this would help the people affected to become more employable.

Lammy accepts that there are other wider social issues that must be addressed as well; but he argues that the recommendations he makes could do much to build greater trust in the criminal justice system, reduce reoffending and improve outcomes for victims.

Whether or not these recommendations will lead to actual changes on the ground is too early to say. The fact that two Prime Ministers strongly supported the review might suggest that there would be some political impetus for follow-up. But, given other political priorities, I would not expect a rapid response from Ministers.

The Press Release, with links to the report can be found at https://www.gov.uk/government/news/lammy-publishes-historic-review

 

 

 

 

 

 

 

 

 

 

 

 

 

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Written by lwtmp

September 29, 2017 at 9:58 am

Lammy Review: racial bias in the criminal justice system

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In this blog, I noted (Feb 2016) the appointment of the MP for Tottenham, David Lammy, to lead a review of racial bias in the criminal justice system. He has now published his ’emerging findings’ in a letter he has sent to the Prime Minister. His final report is expected in 2017. The Press Release states:

The review commissioned an analysis paper looking at disproportionality in the criminal justice system. One finding was that for every 100 white women handed custodial sentences at Crown Courts for drug offences, 227 black women were sentenced to custody. For black men, this figure is 141 for every 100 white men.

Among all those found guilty at Crown Court in 2014, 112 black men were sentenced to custody for every 100 white men .

The disproportionality analysis also found that, among those found guilty, a greater proportion of black women were sentenced to custody at Crown Court than white women.

 

Other notable findings highlighted today from the disproportionality analysis and the wider Lammy review include:

  • Of those convicted at Magistrates’ Court for sexual offences, 208 black men and 193 Asian men received custodial sentences for every 100 white men.

  • BAME defendants are more likely than their white counterparts to be tried at Crown Court – with young black men around 56% more likely than their white counterparts;

  • BAME men were more than 16% more likely than white men to be remanded in custody;

  • BAME men were 52% percent more likely than white men to plead ‘not guilty’ at crown court;

  • In prisons, BAME males are almost five times more likely to be housed in high security for public order offences than white men, and

  • Mixed ethnic men and women were more likely than white men and women to have adjudications for breaching prison discipline brought against them – but less likely to have those adjudications proven when reviewed.

  • 51% of the UK-born BAME population agree that ‘the criminal justice system discriminates against particular groups’, compared to 35% of the UK-born white population;

  • 41% of youth prisoners are from minorities backgrounds, compared with 25% ten years ago, despite prisoner numbers falling by some 66% in that time;

  • The number of Muslim prisoners has almost doubled in the last decade.

The next stage for the review will be to examine the reasons for these figures and to explore whether they reveal bias in the system against those from BAME groups.

It has also been announced that Lammy will – as part of this exercise – take a closer look at diversity in the judiciary and the numbers of judges from BAME groups.

The details of the emerging findings are at https://www.gov.uk/government/news/lammy-review-emerging-findings-published

 

Written by lwtmp

November 23, 2016 at 11:33 am

Review of racial bias in the criminal justice system

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Stephen Lawrence was a Black British man from Eltham, south east London, who was murdered in a racially motivated attack while waiting for a bus on the evening of 22 April 1993. This shocking incident was the subject of an inquiry, led by Sir William Macpherson, which, when it reported in 1999, found among other things that there was ‘institutional racism’ in parts of the criminal justice system.

This in turn led the Judicial Studies Board to establish a programme of ethnic awareness training as part of its programme.

Notwithstanding the concerns raised by the Lawrence case, the present position is that:

  • BAME individuals currently make up over a quarter of prisoners – compared to 14% of the wider population of England and Wales.
  • BAME people make up a disproportionate amount of Crown Court defendants (24%).
  • Those who are found guilty are more likely to receive custodial sentences than white offenders (61% compared to 56%).

In light of these findings the Government has asked (January 2016) David Lammy MP to lead a review of the Criminal Justice System in England and Wales to investigate evidence of possible bias against black defendants and other ethnic minorities. With significant overrepresentation of black, Asian and minority ethnic (BAME) individuals in the criminal justice system, the review will consider their treatment and outcomes to identify and help tackle potential bias or prejudice.

He has been asked to report by early 2017.

For further details see https://www.gov.uk/government/news/review-of-racial-bias-and-bame-representation-in-criminal-justice-system-announced

Written by lwtmp

February 10, 2016 at 11:37 am

Posted in Chapter 5

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