Last January the Labour MP for Tottenham, David Lammy, was asked by David Cameron to head a new government review into discrimination against black and ethnic minority people (BAME) in the criminal justice system.
Cameron said: “If you’re black, you’re more likely to be in a prison cell than studying at a top university. And if you’re black, it seems you’re more likely to be sentenced to custody for a crime than if you’re white. We should investigate why this is and how we can end this possible discrimination.” He said the review would address “possible sentencing and prosecutorial disparity”.
Introducing the review, Lammy said: “We know that there is disproportionate representation in the criminal justice system – the question is why. Over the course of the next year my review will search for those answers, starting with an open call for evidence to get to grips with the issues at hand.
“There is clearly an urgent need for progress to be made in this area, and the evidence received through this consultation will be crucial in identifying areas where real change can achieved.”
The review will address issues arising from the CPS involvement onwards, including the court system, in prisons and during rehabilitation in the wider community, to identify areas for reform and examples of good practice from the UK and beyond. There would be a consultation exercise. Offenders, suspects and victims were urged to share their experience of possible racial bias in the criminal justice system.
Questions in the consultation would include why respondents think black defendants are more likely to be found guilty by a jury, face custodial sentences and report a worse experience in prison than white defendants. Despite making up just 14% of the population of England and Wales, BAME individuals currently make up over a quarter of prisoners. Those who are found guilty are more likely to receive custodial sentences than white offenders.
Latest figures also show that BAME people make up a disproportionate amount of Crown Court defendants (24%), and those who are found guilty are more likely to receive custodial sentences than white offenders (61% compared to 56%).
The call for evidence closed six weeks ago, with more than 300 responses from groups and individuals in the criminal justice system.
Although the final report is not due until next summer, Lammy has determined to focus much of his report on the makeup of the judiciary, where 5% of members are from a BAME background. He said: “It is definitely the case there are some areas of criminal justice where there is a significant amount of ethnic minority lawyers. They are just not making their way to the judiciary. There are barriers [to applying] or they are not successful when they do apply.
“Relative to other professions, we have in our country a bank of BAME lawyers. What we have not seen is progress to the bench. That is what I want to look at very closely.”
Greg Foxsmith, president of the London Criminal Courts Solicitors’ Association, said: “For years we have acknowledged the problem of convert or subliminal discrimination. The challenge for Lammy and for all of us in the justice system is to find a way that actually tackles the problem, and ensures that justice is not just blind, but colour-blind, providing equality of outcome for all.”