CPS HANDLING OF RACIST INCIDENTS
1. CPS RACIST
INCIDENT MONITORING
SCHEME
1.1 Since 1995, the CPS has monitored prosecution
decisions and outcomes in all cases identified by the police or
the CPS as racist incidents. Following publication of the Stephen
Lawrence Inquiry Report, the definition of a racist incident was
amended to reflect the simplified definition recommended in the
Report. The new definition was adopted by the police and CPS from
April 1999.
1.2 Further amendments to the scheme have
been made to reflect the changes brought about by the Crime and
Disorder Act 1998, which introduced new offences of racially aggravated
assault, criminal damage, public order and harassment, together
with a statutory definition of racial aggravation, and a new sentencing
requirement for courts to treat evidence of racial aggravation
as an aggravating feature, increasing the seriousness of the offence.
These amendments will collect more detailed information about
the new offences and how they are being used in practice, and
will be contained in the next Annual Report.
1.3 The Annual Report contains details of
CPS performance at both national and local level. The Annual Report
for the year ending March 1999 contained details of the individual
performance of the 13 CPS areas which were in place prior to the
restructuring of the CPS into 42 Areas which took effect in April
1999. The next Annual report (to be published in July) will contain
details of the performance of each of the 42 new Areas. This method
will provide valuable information for Chief Crown Prosecutors
to enable them to address any issues of particular concern within
their own Area.
2. THE CPS RESPONSE
TO THE
STEPHEN LAWRENCE
INQUIRY REPORT
2.1 Recommendations 32-37 of the Stephen
Lawrence Inquiry Report deal with the prosecution of racist crime.
Recommendation 33—in response to
Recommendation 33, the CPS confirmed that there already exists
a presumption that racist crimes will be prosecuted where the
evidential test of the Code for Crown Prosecutors is satisfied,
which can only be rebutted by very strong additional public interest
factors against prosecution.
Recommendation 34—in response to
recommendation 34, the CPS acknowledge that prosecutors have a
positive duty to bring evidence of racial motivation to the attention
of the court, and that this message is reinforced both in the
Prosecution Manual, and by performance in this regard being measured
through the Racist Incident Monitoring Scheme.
Recommendation 35-37—are presently
the subject of pilot studies to evaluate the most effective and
cost efficient way of communicating with victims (a separate briefing
dealing with follow up to Glidewell and Macpherson recommendations
has been prepared).
3. HOME OFFICE
RESEARCH PROJECT
TO EVALUATE
THE RACIALLY
AGGRAVATED CRIME
PROVISIONS OF
THE CRIME
AND DISORDER
ACT 1998
3.1 CPS is represented on the interagency
Steering Group which will oversee the project. CPS, the police
and the courts are participating in the research. The first phase
of the research, which consisted of a questionnaire survey of
key agencies, has been completed. The CPS response rate to the
survey was pleasingly high (86 per cent). The second phase of
the project consisting of field research has now begun. The final
report of the project is due in the Autumn of 2000; the information
collected will identify whether the legislation is operating in
the way intended and will enable the production of practical guidance
for practitioners to promote good practice.
4. OTHER ISSUES
— CPS has responded to the Sentencing
Advisory Panel Consultation on sentencing racially aggravated
crime;
— CPS is represented on the interagency
Racist Incident Standing Committee, one of whose tasks at the
moment is the production of a Code of Practice for the use by
all relevant agencies on the reporting and recording of all racist
incidents, including a standard reporting format;
— at a local level, CPS is involved
in a range of multi-agency groups whose purpose is to consider
issues relating to racial attacks and harassment.
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