In January 2016, David Cameron commissioned David Lammy, a black MP and qualified solicitor, to carry out a review of the Criminal Justice system to find out why Black and Minority Ethic individuals appeared to be disadvantaged in the Criminal Justice system. His conclusion is stark; BAME individuals face overt and covert discrimination in parts of the Justice system he concludes.

The statistics are also stark and tell a very depressing story. The position appears to be worse than that in the US where 13% of the population are black and represent 35% of the prison population. The corresponding UK figures are 3% and 12%, making black people 4 times more likely to end up in prison than their white counterparts. This is particularly true of young offenders where black youths are 9 times more likely to end up in prison, representing 41% of that sector of the prison population.

How does this happen? Lammy cites, as example of the use of language; the word ‘gang’ is used in discussions about Crime and signals ethnicity rather than simply describing the links between a group of suspects. He also says that trust in the system has a large part to play. Black youths are less likely to trust their own lawyers and more of them plead not guilty, making them liable to longer sentences when they are convicted. We all know that the justice system is largely operated by the white majority and Judges, police and prosecutors are more likely than not to be white, making unconscious bias more likely.

Fortunately Mr Lammy does not just identify the problem; he suggests some solutions which have been given an encouraging response by our new Minister for Justice, David Lidington. In New Zealand, deferred prosecutions allow offenders to enter rehabilitation programmes without having to admit guilt. This has been copied in the West Midlands under a programme called Operation Turning Point. Those going through the programme are 35% less likely to reoffend than those who go through normal criminal justice procedures. 

He also recommends that the UK adopt the German approach of assessing the maturity of younger offenders rather than an inflexible boundary between youth and adulthood at 18. This allows for different approaches to be taken to prosecutions and sentences. He also recommends that an approach be adopted here like Massachusetts, where criminal records can be expunged if offenders can show they have reformed. All these are great programmes and show how effective a subtle and enlightened approach can be for the good of society as a whole. I hope that they are implemented by the powers that be.

However, the biggest change that is required is an ethnically representative Judiciary. We are making very slow progress on this. I took part in a working party to try and tackle this issue in 2009 but it is hard to see that all that much progress has been made or that the many recommendations we made have been implemented.

Let’s hope that Mr Lammy’s report does stir much needed changes. We cannot have a justice system which appears to discriminate against a section of our community.  Let’s hope we see genuine changes over the years to come. Our Criminal Justice team work without fear or favour to help those in the system and they welcome this incisive review.