23rd January 2025
The Crown Prosecution Service (CPS) recently published a report identifying evidence of racial disproportionality in decision-making and their action plan aiming to understand and tackle disproportionality in their work. The report can be viewed here: https://www.cps.gov.uk/cps/how-crown-prosecution-service-understanding-and-tackling-racial-disproportionality-our-work.
Details
Research conducted by the University of Leeds examined the outcomes of decision-making by sex, age and ethnicity for 195,000 cases between 2018 and 2021. They identified evidence of disproportionality in CPS decision-making. Specifically, defendants from minority ethnic backgrounds were significantly more likely to be charged for a comparable offence than White British defendants. See our legal update here for further information.
Additional research by an independent Disproportionality Advisory Group looked at the impact of possible factors causing disproportionality in CPS decisions using a sample of 400 like-for-like cases of white British and mixed-ethnicity suspects. The factors included previous offending history, the language used in evidence files and the processes for reviewing decisions. This research reinforced concerns that disproportionality exists.
Some of their key findings are as follows:
- Mixed-ethnicity suspects were generally younger than white British suspects.
- Previous convictions and socio-economic status were not factors affecting disproportionality.
- White suspects were expected to plead guilty more often than mixed-ethnicity suspects.
- In relation to mixed ethnicity suspects, police and prosecutors tend to use more direct and definitive language, describe their actions in more negative terms and make more reference to the violent nature of their offences.
- Areas of the CPS workforce with more ethnically diverse general working-age populations showed lower levels of disproportionality.
- The CPS has created an action plan with the aim of developing an anti-racist culture and practices, eliminating racial bias in decision-making and working with other criminal justice partners to address race disproportionality across the system.
Several actions will be put in place, including:
- Amending the Code for Crown Prosecutors to address bias when prosecutors make case decisions;
- Establishing a Joint CPS and National Police Chiefs' Council Race Disproportionality Board for continuous checks and challenge between prosecutors and police;
- Working with policing and criminal justice partners to improve the recording of ethnicity and demographic data;
- Developing digital tools, training and development activities to identify potential bias in decision-making; and
- Improving recruitment, retention and development of ethnic minority staff to drive better representation.
Commentary
The CPS’s findings provide insight into the practical impacts that the presence of racial bias in decision-making has on the cases of defendants classified as ‘mixed’ or ‘minority ethnic’. Their findings corroborate what the Youth Justice Statistics tell us about the age and treatment of Black, Brown and Racialised children; that they are arrested at a disproportionately high rate, more frequently remanded and sentenced for longer periods of time compared to their white counterparts.
Although the CPS has committed to eliminating the impact of bias through their action plan, it remains to be seen how far the implementation of these actions will go towards eliminating racial bias. It is clear that there is still a long way to go however. For instance, some of the data referenced in the report suggest that adultification is at causal factor here, but this is not clearly recognised or addressed at any point. For the time being therefore, practitioners must remain vigilant in recognising and challenging racial bias.
The YJLC has three racial injustice guides designed to equip practitioners with knowledge and strategies for identifying and challenging racism facing Black, Brown and Racialised children and young adults in the criminal justice system. The guides can be found on the YJLC website here: 1, 2, 3. Practitioners are urged to consider these guides and reference the CPS action plan when making representations in favour of their young clients from racially diverse backgrounds.