House of Commons - Home Affairs

Select Committee on Home Affairs Second Report

2 THE CAUSES OF OVERREPRESENTATION

95. The causes of the overrepresentation of young black people in the criminal justice system are multiple, complex and interrelated. Nevertheless, we were disappointed by the reluctance of both the Home Office and the Youth Justice Board to ascribe a clear model of causation for overrepresentation, or to attach relative weight to the various possible causes. The Home Office told us:

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96. The evidence we received indicated that there are three overarching causes of overrepresentation, all of which interact and feed into each other. Social exclusion—both historic and current—is the key, primary cause of young black people's overrepresentation. Factors specific to the black community—such as family patterns and cultures amongst young black people themselves—are both fuelled by and compound socio-economic deprivation. Thirdly, the operation of the criminal justice system, including both the reality and perception of discrimination, mean more young black people come into contact, and stay in contact, with the system.

97. For the most vulnerable young people, these factors reinforce each other to become a complex web of involvement from which it is difficult to escape.

Social exclusion is the primary cause of overrepresentation

98. Social exclusion is a key underlying cause of young black people's overrepresentation as both victims and suspects. Not only does it fuel involvement in crime directly, it makes young people vulnerable to a host of other risk factors, such as living in neighbourhoods where crime is high and underachieving at school:

"We do not have the schools, we do not have the shops, the businesses, et cetera, to be able to bribe our children to behave in a particular way, we have nothing to pass on to the men, and the men have been really excluded."[

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YOUNG BLACK PEOPLE ARE DISPROPORTIONATELY SUBJECT TO SOCIO-ECONOMIC DISADVANTAGE

99. The association between socio-economic disadvantage and involvement in crime among people of all ethnic groups is well-established. Recent research in the UK has indicated that homicide rates are associated with poverty.[134] As the Centre for Crime and Justice Studies pointed out, "some of the grossest victimisations are concentrated among the poorer members of society, and it is reasonable to conclude that the poor will often be perpetrators as well as victims."[135]

100. National statistics indicate that black African and Caribbean groups make up approximately two and a half times as high a proportion of the population in the most deprived areas of the country as for England as a whole.[136] Eighty per cent of Black African and Black Caribbean communities live in Neighbourhood Renewal Fund areas, those identified as England's most deprived areas.[137] According to the ACORN classification, which places people in one of five groups according to their neighbourhood's level of affluence, 45.5% of Black African and 38.1% of Black Caribbean pupils in maintained primary and secondary schools live in areas classified as 'hard pressed', the most deprived category in the scale.[138] We also know that black people of Caribbean origin experience, on average, significantly higher unemployment and lower earnings than white people.[139]

101. Witnesses emphasised that this deprivation is longstanding, stretching back to the immediate post-war period and before. In the words of Leroy Logan, the first settlers in post-war Britain from the Caribbean were "forced into ghettoes because of racial prejudice and restricted access to accommodation, resulting in them being stacked in deprived areas where schools were substandard, employment opportunities were minimal and long-term prospects to hold the family together were limited."[140] This historic pattern can be seen in rates of unemployment over time. In the 1970s, all first generation ethnic minorities suffered higher rates of unemployment than British-born whites of the same age. The most disadvantaged group in the first generation were black Caribbeans, with an unemployment rate around twice that of whites. In the second generation in the 1990s, differentials between the employment rates of white and black Caribbean men had increased, and stood at over twice that for white British men.[141]

102. On the Committee's visit to Leeds, criminal justice system practitioners highlighted the historic disadvantage suffered by the Caribbean community in the city. Many black immigrants moved from the island of St Kitts to Leeds amidst economic depression and settled in deprived areas vacated by Jewish communities. From the 1970s, the black immigrants suffered public stigma, driven by adverse media attention which labelled the community as overrun with pimps and drug use. This culminated in riots in 1981.

103. Some witnesses traced historic patterns of disadvantage back to slavery:

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104. Many of the young people and youth workers we spoke to said crime among young black people had direct economic origins:

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105. A study of street crime conducted for the Youth Justice Board[145] found the main reason for young black people's overrepresentation for street crime in London boroughs was the general level of deprivation and the proportion of households with dependent children but no earning adult. Other important factors included access to people in the same area who were not deprived and were therefore likely to be worth robbing, and population turnover, implying a greater degree of anonymity for offenders and a reduced likelihood that residents would intervene to prevent or report crimes which did not directly affect them.[146]

106. Several respondents pointed out that poverty often implies poor housing, which can have a serious impact on young people's well-being and ability to succeed. Shaun Bailey said lack of space could prevent young people from studying and suggested that it may lead young people to spend more unsupervised time out of the house; space in which "the power of the group grows".[147]

107. Some witnesses stressed the dynamic, as well as historically constituted elements of socio-economic disadvantage. Some young people and practitioners we spoke to felt getting a job was more difficult for young black people:

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108. Many witnesses pointed to the emotional impact of socio-economic disadvantage. Emotions associated with deprivation included resignation and a sense of powerlessness,[149] isolation, depression,[150] anger and nihilism.[151]

109. As we discuss later in this section of the report, social exclusion increases the likelihood of young people being arrested through the types of neighbourhood they live in, which may be more likely to be crime 'hotspots', and their presence on the street.[152]

110. There is no doubt that large sums of public money that had been invested in many of the deprived communities we visited. The investment has clearly brought many benefits to local people. However, it is also clear that the impact has not been sufficient to transform the opportunities for and achievements of all local people. This is likely to be particularly true in areas of high mobility. Our evidence suggested that, despite the investment made, too many young people in some communities remain without a real sense that it is possible to escape from deprivation.

EDUCATIONAL UNDERACHIEVEMENT IS A SYMPTOM AND CAUSE OF DISADVANTAGE

111. All the minority ethnic groups within the Black category and pupils of Mixed White and Black Caribbean heritage are consistently below the national average across all Key Stages, at GCSE and equivalent and Post-16. At GCSE and equivalent, 44.9% of Black Caribbean pupils, 47.3% of pupils of Mixed White and Black Caribbean heritage, 51.0% of Black African pupils and 47.1% of other Black pupils achieved 5 or more A*-C grades compared to 57.3% nationally.[153] Although the gap between each of the black and mixed groups and the average for all pupils has narrowed at GCSE since 2005, and there has been a narrowing of the attainment gap in across other key stages,[154] this remains a significant discrepancy.

112. Low attainment among black other and black Caribbean groups is driven by particularly low attainment by boys in these categories. There is a gender gap between the numbers of all boys and girls attaining 5 or more GCSEs at A*-C of around 10 percentage points. However, this gap widens to 17 and 16 points respectively for the black Other and Caribbean groups.[155]

113. A large proportion of our witnesses cited underachievement as a major cause of entry into the criminal justice system:

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114. Research has shown that socio-economic background is the strongest determinant of educational achievement.[157] However, deprivation alone is unlikely to account for the attainment and exclusions gaps. DfES told us that a greater proportion of Bangladeshi pupils are entitled to free school meals, a key measure of deprivation, than Black Caribbean pupils - but a lower proportion of black Caribbean pupils achieve five good passes at GCSE than Bangladeshi pupils.[158]

115. We were told that teacher expectations could cause underachievement among young black people. Ken Barnes, who runs a mentoring organisation which works extensively in schools, said that teachers sometimes thought of black children as being "deficient", and that the school system did not "accept, respect or expect" of black young people.[159] There is sometimes a lack of cultural understanding between teaching staff and black pupils.[160]

EDUCATIONAL UNDERACHIEVEMENT AND DISAFFECTION IS ACCOMPANIED BY HIGH LEVELS OF SCHOOL EXCLUSION AMONG BLACK YOUNG PEOPLE

116. Underachievement is fed by rates of exclusion, which is higher for black young people than any other groups except Traveller groups. A recent DfES report[161] shows 9.61% of black Caribbean young people had had a fixed period exclusion in 2003-04, compared with a national average for all pupils of 5.02%.[162] Our witnesses suggested that figures may be higher than this in practice, as the school may encourage parents to remove children for a 'cooling off' period after which the child does not return, or a managed move may be made to another school.[163]

117. Recent surveys have demonstrated the direct link between school exclusions and involvement in the criminal justice system. In their 2004 youth survey, MORI found that 60% of young people excluded from school had offended, compared to 26% of young people in mainstream education.[164] A Home Office study found that permanent exclusion adds impetus to youth offending, setting in train sequences of events that can culminate in the onset or escalation of offending.[165] The young people we spoke to described the powerful negative effect of exclusion on self esteem:

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118. A significant proportion of our witnesses felt that discrimination, both direct and unwitting, was responsible for exclusion.

119. Many of our witnesses told us of the "different tariff of punishment" for the inappropriate behaviour of black students and white students.[167] These differences in discipline often result from cultural misunderstanding rather than overt discrimination. One of the workers at "Right Track", a Bristol project which works to reduce the overrepresentation of BME groups in the criminal justice system, told us the story of a Ugandan boy who had been disciplined at school for not looking the teacher in the eye. His parents had taught him it was rude to look someone directly in the eye, but the teacher had misinterpreted this as rudeness. Superintendent Leroy Logan pointed to "the labelling phenomenon" in schools, in which young black people are "deceived into believing they are disruptive and un-teachable in school and criminals on the street". This may make the young person more likely to turn to crime or anti-social behaviour.[168]

120. These views are supported by a DfES report—published at this Committee's request—which found that "a compelling case" can be made for the existence of "institutional racism"[169] in schools. The report, entitled Getting it: Getting it Right found that "whilst overt racism (at least on the part of staff) is now unusual in schools, discrimination against the grandchildren and great grandchildren of the early Black migrants persists in the form of culturally unrepresentative curricula and low expectations for attainment and behaviour on the part of staff."[170] The report found that excluded black pupils were less likely to fit the typical profile of white excluded pupils, such as having Special Educational Needs, being eligible for Free School Meals, longer and more numerous previous exclusions, poor attendance or criminal records.[171]

121. The report found the "key factor" in the persistence of disproportionate exclusion of black pupils was the marginal status of race equality in schools and the wider education system.[172] Schools were significantly less likely than other public authorities to respond to a CRE survey to evaluate the Public Duty to promote race equality and good race relations in 2003.[173] Of those that responded, more than half had not identified clear goals or targets for improvement.[174]

122. Respondents pointed out that there were sometimes real issues with poor behaviour among black pupils. One parent governor highlighted specific problems with attitudes to school, and to female teachers in particular.[175] We formed the strong impression that the perception that racism existed may be as big a problem as actual racism. Dr Tony Sewell stressed the need to look at the causes of exclusion, not just the mechanism of exclusion itself.[176] Some of our witnesses believed a lack of appropriate discipline in school was responsible for poor behaviour and exclusion.[177]

123. In some cases, shortcomings in the curriculum may cause underachievement and disaffection. A number of witnesses thought lessons were not always relevant, or sensitive, to young black people's lives. Some mentioned the lack of black history or cultural awareness as a demotivating factor in the classroom.[178] In other cases, schooling was "dull" and did not take account of "where young people are in their own development, or what is happening to them in their communities."[179]

124. The evidence that high levels of school exclusions and underachievement played a major contributory part in young black people's involvement in crime seemed to us compelling. Underachievement and exclusion are a key cause of continued socio-economic disadvantage among black communities. We saw no signs of a joined up response between the Home Office and DfES on the issues of exclusion and overrepresentation in the criminal justice system, despite the clear correlations between these two problems. We were surprised that the Home Office's submission did not make a substantial reference to efforts to address this issue.[180] We were concerned that the findings of the DfES study into the causes of disproportionate exclusion of black pupils were made public only after repeated requests from this Committee. We make recommendations on this issue in section 3 of this report.

DEPRIVATION AND UNDERACHIEVEMENT MEAN YOUNG BLACK PEOPLE LACK POSITIVE ROLE MODELS TO WHICH TO ASPIRE

125. Together, entrenched deprivation and educational underachievement engender a lack of examples, either at first hand or in popular culture, of young black people who have succeeded in society. This can have a powerful negative effect on young black people's aspirations. Reverend Nims Obunge brought this point close to home by citing the ethnic composition of the Committee itself as "a reflection of the challenges we have in the black community."[181] Professor Gus John told us that "issues to do with identity and aspiration" and young people's "belief in the extent to which they can be successful and see others around them as being successful" were key underlying factors in young people's involvement in crime:

126. Hayley Littek, who came to speak to us as part of a gang exit programme from Lambeth, described the impact on young people of a lack of prominent black role models or authority figures in society:

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127. The absence of positive role models can lead a minority of young black people to search for alternative forms of success and validation which may include crime—a point we discuss in the next section.

Other issues within black communities compound disadvantage

128. Poverty and educational underachievement are major causes of young people's entry into the criminal justice system. However, many of our witnesses emphasised other trends within black communities which helped exacerbate disadvantage and fuel involvement in the criminal justice system.

FAMILY AND PARENTING FACTORS CONTRIBUTE TO OVERREPRESENTATION

Lack of father involvement has a negative impact on young black males

129. Black children overall are more likely to grow up in single parent households. As the graph below shows, this is particularly true of black Caribbean children and those with one white and one Caribbean parent. In most cases, the heads of these households are lone mothers.[183]

Figure 5: Dependent children by family type (selected ethnic groups) 2001

Data source: Dr Marian FitzGerald, Specialist Adviser to the Committee

130. The fact that a father does not live in the same household with his children is not, in itself, an indication of insufficient parental support, as many of our witnesses made clear. Neil Solo of Barnardos, which run a programme of parenting support and advice specifically for African-Caribbean Fathers, cautioned against trying to impose a Eurocentric family model on other ethnic groupings.[184] He said the structure of black families "may be different, but fathers can be engaged or disengaged with the lives of their children, both within and outside the nuclear family." Dr Jeune Guishard Pine, who has researched parenting styles among different ethnic groups, suggested a combination of variables—including socio-economic status—were more useful ways to understand family life and criminal behaviour than a single factor such as the presence or absence of a father in the child's home. She told us that the findings from studies to examine the relationship between father absence and offending behaviour have been equivocal.[185]

131. Dr Guishard Pine told us what matters is not simply the presence or absence of a father in the child's home, but their availability, involvement and the quality of the father-child relationship.[186] The National Family and Parenting Institute told us that this relationship is important for "children's greater self-confidence, mental health, positive behaviour and relationships, educational attainment and cognitive skills."[187]

132. Many witnesses said that an absent and disengaged father had a negative impact on young people's development. This was particularly true for young males. In their joint submission, Barnardos and the Babyfather alliance said boys and young men who lack father involvement can develop 'father hunger', a trauma which leaves them vulnerable to peer pressure and external influences.[188] Reverend Nims Obunge argued that "an acknowledged breakdown in the social fabric of many black families is most typically exemplified by the lack of a strong father figure in the home." Dr Guishard Pine pointed out that boys appear to be more affected by family breakdown than girls.[189]

133. Young people and practitioners we spoke to made a link between the absence of a positive male role model in the home and involvement in gangs or other youth affiliations which commit crime:

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"In some cases that is the reason why people resort to crime, because if they are not getting the love from home, they see it as the only love they can get is from the streets basically. They are not getting it anywhere else."

134. Responsibility for father absence cannot be placed with the male partner alone. Camila Batmanghelidjh told the Committee of the "rejection and cruelty" of females who reject the adolescent, male, partner, preferring to cope alone.[191] Neil Solo of Barnardos told us that the majority of African Caribbean fathers want contact, but can be frustrated by laws which place women as the primary caregiver.[192]

135. Melvyn Davies, who runs a group-work and mentoring programme for boys, young men and fathers, suggested the movement of families from the Caribbean to Britain sometimes meant these groups lost the strong values and support structures of their extended family. More than one witness traced family break-up back to the legacy of slavery, and the organisation of family units in the plantation system. This could lead to a lack of familial stability and the absence of a wider extended family to rely on in times of crisis:[193]

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136. Witnesses also pointed out that African Caribbean fathers themselves were undermined by the negative image of the black male in society. Fathers themselves sometimes lack a constructive role model on which to draw.[195]

137. Several witnesses told us that negative parental role models can be a powerful driver of offending behaviour among young people. According to Barnardos and the Babyfather Alliance, 59% of boys with a convicted parent go on to be convicted themselves.[196] Witnesses suggested that the high proportion of black adults in the criminal justice system may itself be feeding back into offending behaviour amongst young people.[197]

138. While we received strong evidence that some black families make a success of parenting models which differ from the two parent norm, it was therefore clear that many young black people—and young black males in particular—experience family structures from which strong role models are absent.

Respondents questioned the quality and quantity of parental discipline

139. Some respondents perceived there to be a failure of parental discipline, and thought some black parents were afraid to take action against young people:[198]

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140. Any lack of discipline may in part be due to fissures between traditional and modern parenting methods. Neil Solo from Barnardos told us that a 'cultural revision' was in progress, in which traditional African Caribbean methods of parental control—such as corporal punishment and physical discipline—are not acceptable, but "new methods are not yet always fully formulated and established." According to Barnardos, parents are seeking new methods of enforcing discipline, but this is still "a work in progress". Reverend Les Isaacs traced this uncomfortable transition back to the 1960s and 70s:

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141. Neil Solo suggested that the adoption by black communities of a westernised, nuclear family model may also have damaged parental controls:[201]

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142. Family breakdown and absence of parental control can both be caused and exacerbated by broader deprivation. Nims Obunge pointed out that single parents and low income families work long hours and multiple jobs to make ends meet, "creating very little time for effective parenting" and leading children to "miss out on simple family experiences such as the dinner table, learning together and so on."[203] This observation is by no means unique to black communities, but may be particularly acute given levels of deprivation in these communities.

Rates of teenage motherhood are disproportionately high among some black groups

143. Data on mothers giving birth under age 19, identified from the 2001 Census, show rates of teenage motherhood are significantly higher among mothers of 'Black Caribbean', 'Mixed White and Black Caribbean' and 'Other Black' ethnicity. 'White British' mothers are also overrepresented among teenage mothers, while all Asian ethnic groups are underrepresented.[204] We were told that around a quarter of mothers of Caribbean origin are aged under 20 when their first child is born and the majority of these are single parents.[205]

Black young people are overrepresented in the care system

144. The number of black children in care is higher than average; and this is particularly true of those of mixed heritage. Young people of mixed heritage aged 0-17 constitute 7% of those in care but under 3% of the population.[206] Children from black families are more likely to be in care because of absent parenting than other groups, and are less likely that other groups to be in care because of abuse or neglect.[207]

YOUNG BLACK PEOPLE'S DISTINCTIVE REACTION TO DISADVANTAGE ALSO CAUSES INVOLVEMENT IN CRIME

145. Above and beyond factors 'pushing' young black people towards involvement in the criminal justice system, our witnesses thought there were 'pull' factors which, in the absence of conventional means of fulfilment or achievement, drew young black people towards involvement in crime. It was suggested to us that, in some cases, young black people may choose to become involved in crime because they believed it would have rewards in terms of image, street credibility and material wealth.

146. Gus John argued that that "in addition to the well known indicators of social exclusion that impact upon black young people (low educational attainment, school exclusion, low income, single parent families, repeated offending, etc.), social exclusion of an active kind is being perpetuated." He cited a definition of active social exclusion from Tom Wiley, Chief Executive of the National Youth Agency—"the form of exclusion that comes about when young people lay claim to particular identities and make choices about lifestyles which compound their disadvantage and their existence on the margins of the society".[208]

Young black males have powerful and negative alternative role models

147. Black young men are confronted daily with powerful, negative alternative images of black males in popular culture. In the absence of positive role models to turn to, it is perhaps unsurprising that some may seek to emulate and adopt these identities. Melvyn Davies, who has developed and runs a mentoring programme for boys, young men and fathers, said this process took place on a subconscious level and was reinforced daily:

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148. Many of our witnesses criticised rap, grime and hip hop music, films and video games for glamorising violent, criminal lifestyles. Music was the form of entertainment mentioned most frequently to us as having a direct and detrimental influence on young people's ideals and behaviour. Decima Francis linked the arrival of American TV on her native island of St Kitts to a sharp rise in incidences of gang violence, drugs and murders on the island.[210] Shaun Bailey put this most powerfully to us:

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149. Young people of all ethnicities consume and admire art forms which promote negative role models. However, many of our witnesses felt deprivation and discrimination gave these cultural images a particular power to speak to young black people. Melvyn Davies told us that "Videos that show black artists, being pimps, drug dealers, robbing banks, and committing acts of violence do have an effect on black youth who lack protective factors that can produce a reasonable level of resilience."[212]

150. Young people from Lambeth's gang exit programme and at Feltham Young Offender's Institution felt young black people could identify with rappers who had had similar experiences. Shaun Bailey told us, "The problem is when I listen to hip hop I identify with the artist—he is a black man who claims to be talking about where we have come from, and he is something I want to be and I am an impressionable 15 year-old who wants to be hip."[213]

151. Some witnesses felt music expressed realities of life in poverty rather than promoting criminal behaviour. Hayley, from Lambeth's gang exit programme, told us:

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152. Heidi Watson, Chief Executive of the Damilola Taylor Trust, had a different view:

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153. The Committee also heard that in some cases there could be a direct link between involvement in criminal behaviour and the production of music videos. Peer group street collectives and gangs sometimes produce and submit videos on digital music channels which advocate violence and revenge against their rivals.[216] Some South London gangs have music production arms, and these have been known to film robberies and use the footage to promote their music.[217]

154. There was no consensus in the evidence we received as to whether music and video influences reflected or contributed to criminal activity by young black people. However, the balance of the evidence suggests these influences can be damaging to those young people who might for other reasons be most vulnerable to being drawn into criminal activity. We return to this issue in section 3.

Crime is seen as a viable alternative route to success for some young people

155. We were struck by the sheer negativity of many young people's lives. On our visit to Feltham, it seemed to us that most of the young people we had encountered had grown up in environments where they believed there was little alternative to the culture of territory, aggressive youth affiliations and the necessity of responding to violence with violence. In this setting, conventional value systems can be reversed and crime can provide an alternative route to status and achievement for young people:

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156. Tony Sewell told us that gangs represented an alternative structure in which to achieve and get on:

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157. Protecting territory or turf from perceived rivals can become an imperative. Superintendent Leroy Logan told us of "postcode violence" in Hackney, in which groups of young people exhibited "paranoid misguided loyalties" which led them to take action against strangers who entered their territory.[220] At Feltham Young Offender Institution we were told that youth affiliations connected to particular streets or roads are enduring, even spilling over into prison. Young people from Lambeth's gang exit programme felt that on an estate with high crime and gang activity, there is sometimes no way out other than to become involved with an affiliation:

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158. The strength of affiliations which may tie young people to others who commit crime should not be underestimated. One young man at Feltham Young Offender Institution told us he would rather serve a life sentence for a crime he did not commit than 'snitch' on his clique, for fear of reprisals for his family and friends and the vulnerability he himself would suffer while in custody. In the absence of economic prospects and family ties, loyalty to the group can be a central source of identity and belonging: test

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Criminal Justice System factors play a direct and indirect role in promoting overrepresentation

159. In presenting the Lawrence inquiry report to parliament in 1999, Jack Straw, then Home Secretary, accepted the report's definition of racism as "the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin." It could be detected, he said, in "processes, attitudes or behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people".[223] The Lawrence inquiry into the death of Steven Lawrence in 1993 found, on this definition, the existence of institutional discrimination within the Metropolitan Police Service and other police services and institutions nationwide.[224]

160. Many of our witnesses believed discrimination played some part in young black people's overrepresentation in the criminal justice system. However, its impact is difficult to quantify or pinpoint. The fact that more young black people come into contact with the police cannot itself be interpreted simply as evidence of discrimination, as it is likely to reflect other factors which are discussed below. Notwithstanding the actual level of discrimination in the system, a significant finding of this inquiry was that the perception of discrimination itself may be an important cause of overrepresentation. A lack of confidence in the system can encourage young people to take the law into their own hands to distribute justice and ensure their own personal safety.

Young black people who have offended are more likely to come into contact with the system

161. The Offending, Crime and Justice survey suggests that in comparison with their white counterparts, black and mixed respondents who have offended are more likely to come into contact with the criminal justice system as victims and offenders.[225] Twenty four percent of white respondents aged 10-15 in the first Offending, Crime and Justice Survey admitted to having committed an offence in the last year but only 1% of the sample had been arrested. By contrast, although just 12% of the black sample admitted to have offended, a quarter of this group (3%) had been arrested. In addition, black respondents who admitted to having 'ever' offended were significantly more likely to have been arrested and to have been to court than their white counterparts. By contrast, there were no significant ethnic differences in the extent to which respondents who were treated as "non-offenders" by the survey had been arrested.[226]

162. Young black people who have offended are more likely to come to the attention of the police. However, it cannot be assumed that this is evidence of discrimination on grounds of ethnicity. The Offending, Crime and Justice survey sets out eight social and demographic characteristics which are highly associated with the likelihood of arrest. The black sample is considerably more at risk than the white sample on four of these factors, which include their association with others who are known to the police, higher rates of school exclusion, living in rented accommodation or being homeless.[227]

163. The type of crimes young black people may commit may also lead them to be overrepresented in the criminal justice system. Information from victims on the ethnicity of offender is often restricted to incidents where the victim had sight of the suspect. This is likely to bias reports of suspect descriptions towards crimes in which the victim would have had more contact with the offender—contact crimes such as robbery for which young black people appear to be overrepresented.[228] Of victims' descriptions of the ethnicity of offenders in the British Crime Survey in 2000, black people accounted for 5% of the offenders described by victims compared to a presence in the population overall of just under 3%. The suspect was described by the victim as being black in 31% of cases of mugging according to the 2000 survey.[229]

164. The police are likely to put more effort into certain crimes, depending on local and central priorities and the resources available to pursue these. For example, the numbers of black young people who came into the criminal justice system as a result of arrests for robbery in London rose by 60% between 1999 and 2004-05, compared with an increase of 37% in the case of whites. Some of this increase may be due to the greater emphasis accorded to robbery by the police under the government's Street Crime initiative, which was launched in March 2002.[230] The drive against the supply of class A drugs may be an additional factor which is leading to greater involvement of young black people in the criminal justice system.

165. The police are likely to focus on crime 'hotspots'—deprived areas which are more likely to have a higher ethnic minority population. Residents of these areas are more likely to come into contact with the police.[231]

In some instances, discrimination contributes directly to overrepresentation

Stop and search is still a cause for concern

166. Stop and search accounts for a relatively small proportion of the people coming into the criminal justice system overall—7% in 2004-05.[232] Significantly, however, black people are nearly twice as likely to enter the criminal justice system as a result of stop and search (11.3%) in comparison with their white counterparts (6.2%)[233]

167. The power has been a central historical flashpoint in relations between black people and the police. Searches were a major trigger for the riots which broke out in Bristol in 1980 and in London, Liverpool, Manchester, Birmingham and elsewhere in 1981, leading Lord Scarman to call for a new approach to policing black communities.

168. Most police searches of the public today take place under section 1 of the 1984 Police and Criminal Evidence Act, introduced following Lord Scarman's report. Section 1 searches require officers to have 'reasonable grounds for suspicion' that an individual is carrying prohibited or stolen goods before they can search them. However, the majority of these searches are fruitless. The proportion of searches resulting in an arrest for all ethnic groups and all reasons for searching is just 11%.[234]

169. Black people of all ages are 6 times as likely to be stopped and searched and Asian people twice as likely as their white counterparts. Overall, there has been a decline in the numbers of white people stopped and searched since 1997-98, whereas for black and Asian people the numbers are broadly similar to levels recorded in 1997-98.[235] These national figures reflect particularly high numbers of section 1 searches of black people in three of the 43 police forces—Greater Manchester, West Midlands and the Metropolitan Police. Over 80% of all section 1 searches on black people take place in these three forces.[236] The combined impact of this disproportionality means the national figures appear almost five times higher than they would be if these three forces were not included.[237]

170. Disproportionality in stop and search is particularly high for searches under section 60 of the 1994 Criminal Justice and Public Order Act, which allows officers to search anyone without needing 'reasonable grounds for suspicion'. The order can only be applied in a designated area 'in anticipation of serious violence' for a limited period on the authorisation of a senior officer. Section 60 searches are less common than section 1 searches and have a low arrest rate. Overall just 3% of section 60 searches led to an arrest in 2004-05.[238]

171. Section 60 searches accounted for nearly 8% of searches on black people in England and Wales in 2004-05, compared to 3% of searches on white people.[239] Over half of all section 60 searches in that year were conducted in just one police force area, the West Midlands. The high level of section 60 searches and below-average use of section 1 statistics meant that section 60 searches accounted for more than 45% of all searches of black people in the West Midlands in 2004-05.[240]

172. In London, where young black people represent 37% of those stopped and searched overall but only 15% of the youth population,[241] the Mayor's evidence noted the high overrepresentation in some London boroughs with a relatively small black population. In Kingston upon Thames, black people are 14.4 times more likely than whites to be stopped and searched relative to their proportion of the population and in Richmond upon Thames, 13.1 times more likely.[242]

173. Work by the Home Office[243] and independent studies by academics for individual police forces[244] have indicated that ethnic differences tend to disappear if search figures are compared with the 'street' population rather than with Census figures for local residents, because the population on the streets where searches are most likely to occur is "systematically different" from the local resident population".[245] These differences may be driven by lifestyle factors, age and the presence of non-residents in the street in a particular area.

174. The police suggested that the figures tended to reflect the age structure and socio-economic characteristics of the populations in the areas the types of area on which searches were focused, in addition to the behaviour of individual officers.[246] Analysis of stop and search figures obtained from four police forces—Greater Manchester Police, West Midlands, Nottingham and the Metropolitan Police Service—demonstrated that the extent to which stop and search was used tended to reflect levels of reported crime in the area.[247]

175. Analysis of search figures for the component divisions (or Basic Command Units) in four police forces which provided data specially for this inquiry—Greater Manchester, West Midlands, Nottingham and the Metropolitan Police Service—demonstrated that the extent to which stop and search was used generally tended to reflect variations in the levels of reported crime within the force area.[248] Metropolitan Police breakdowns of suspect descriptions from crime reports for each of the 32 London BCUs showed similar levels of disproportionality to the ethnicity of those stopped and searched under section 1 in most areas, suggesting that the pattern of searches is broadly based on crime patterns. However, the figures raised questions about the minority of BCUs where the two sets of figures did not correspond.[249] As discussed later, the greater involvement of young black people in contact crimes where suspect descriptions are more likely—robbery rather than burglary, for example—may also increase young black people's likelihood of being searched.[250]

176. Arrest rates overall for black people following section 1 searches tend to be similar to those for white people in most police forces.[251] This implies that searches of both ethnicities are equally likely to be based on reasonable suspicion of the individuals involved, regardless of ethnicity. However, this does not take account of the evidence that black people may be more intrusively searched than other groups,[252] or that they may be more likely to be arrested following the circumstances of the stop itself.[253]

177. Some respondents did specifically cite racial prejudice among police officers as a cause of the disproportionate rate at which black people are stopped. The Home Office submission stated that officers' suspicion could arise from "wider generalisations" which had the potential to develop into "negative stereotypes".[254] Many of the young people we spoke to on visits and in oral evidence felt they had been unfairly targeted.[255] Marc Edwards, the founder and Executive Director of "The Young Disciples" said of his experience in Birmingham:

256

178. Even if the disproportionality in section 1 searches is not explained primarily by prejudice, this does little to counteract the damaging impact these encounters have on relations between the police and black people. Dr Marian FitzGerald explained that, even if were no discrimination in stop and searches, the fact that one ethnic group was disproportionately searched means that more innocent people from that group are searched, causing understandable resentment:

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179. The higher likelihood of being searched causes considerable frustration, embarrassment and anger among young people. One young man from Lambeth told us:

258

180. The fact that black people are more likely than white people to be affected by section 60 searches—which have a lower arrest rate—further increases the disproportionate impact of searches on innocent black people and is therefore a particular cause for concern.

181. It is likely that disproportionate use of stop and search may be justified to some extent by deprivation, the street population and patterns of offending. Disproportionality should not necessarily be taken as evidence of discrimination. However, we encountered a clear perception among young people and those working with them that police officers may generalise and stop and search young black people based on "negative stereotypes".

There is some evidence that decisions to charge black defendants may be made on weaker evidence

182. Respondents to the inquiry drew our attention to studies which demonstrate that, before responsibility for charging was transferred to the Crown Prosecution Service, black defendants were more likely to have their cases terminated due to weak evidence or because it was against the public interest to proceed.[259] This may suggest that incorrect decisions were being made by police officers to charge more frequently in cases involving black offenders in comparison with cases than white offenders.[260]

183. A study by the Youth Justice Board in 2004 found that, of a group of cases studies, the chances of a mixed parentage young male being prosecuted were 2.7 times those of a young male with similar characteristics.[261]

The number of young black people being remanded in custody before sentence is a cause for concern

184. Figures kept by the Youth Justice Board show that 9.2% of young black people and 7% of young people of mixed heritage have been remanded in custody before receiving a disposal, compared with 4.6% of white young people.[262] As NACRO pointed out, this means that black young people represent 9.9% of all bail and remand episodes, but constitute 19.1% of remands to local authority secure accommodation, 17% of remands in custody and higher percentages of all other bail and remand outcomes other than unconditional bail.[263]

185. The Youth Justice Board's study of case decisions involving young people of different ethnicities found that concerns about possible discrimination were raised by "the greater proportion of black and Asian males that had been remanded in custody before sentence, especially the greater proportion of black males remanded whose proceedings had not resulted in a conviction."[264]

There is some evidence of discrimination as regards sentencing

186. A major study conducted by Hood of five Crown Court Centres in the West Midlands in 1992 found that adult male black defendants were more likely to be sentenced to custody than white defendants, and that substantially longer sentences were given to both black and Asian than white offenders.[265]

187. The Youth Justice Board's study, Differences or Discrimination, found no evidence consistent with unfair discriminatory treatment of black or mixed parentage males in the use of custodial sentences. However, it found evidence of discrimination in the length of custodial sentences given to black male defendants. In the 8 YOT areas in which cases were analysed, a much higher proportion of black males (92%) were given a custodial sentence of 12 months or more than white males (62%), an outcome "consistent with discrimination against cases involving black young male defendants in the Crown Court as regards the length of custodial sentence imposed."[266]

188. The Youth Justice Board's study found that possible unfavourable treatment in the remand decision—the chances of a black or mixed parentage male having been remanded in custody were slightly higher that of a similarly placed white male—might have increased their chance of receiving a custodial sentence.[267] Similarly, the study found that all minority ethnic groups had a slightly higher chance of being committed to the Crown Court than white males—a factor which is known to increase the likelihood of a young person being sentenced to custody.[268]

189. Some of the young people we spoke to told us of their perceived experiences of discrimination in sentencing practice:

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The perception, as well as the reality, of discrimination promotes involvement with the criminal justice system

190. Notwithstanding the existence of some discrimination in practice, the perception that it may exist is contributing to the numbers of young black people entering the criminal justice system. It may prevent young black victims or witnesses of crime from contacting the police and may encourage young people to use informal and illegal means of redressing wrongdoing and protecting themselves. As Marc Edwards put it:

"If at a young age one perceives oneself as being victimised by an agency it will create a barrier between oneself and the agency. That is where police and community relations are severed; that is the point at which young people start to turn away from a positive framework of living."[

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Individual police officers command respect, but the police as a whole are viewed with suspicion by young black people

191. ACPO drew our attention to the improvement in the degree of confidence ethnic minorities had in the police service and criminal justice system as a whole.[271] They told us that police were increasingly viewed as "honest brokers" within their communities.[272]

192. The young people we spoke to acknowledged the existence of some fair and effective policing:

"Since I have been around and been in contact with the police and known of the police most of my experiences with them or things that I have seen with them are negative, but there are positive police officers. It is down to the individual what they want to do, why they join the police force, and that depends on how they carry out their job. So, really and truthfully, I do not want to say that it is negative, but the majority of it is, but there is some positive policing as well."

193. However, we encountered a widespread belief that the police as a corporate body do not uphold the interests of young black people. During our visits and in oral evidence, young people reported having being treated violently and disrespectfully by the police. Young people expressed a feeling of having been goaded or pushed towards becoming angry or violent. Suggestions that young people might consider a career in the police were met with scorn or amusement.

194. The Young Black Positive Advocates, the youth forum of the Metropolitan Black Police Association, told us that a lack of effective communication between the police and young people, could create fear. They felt the police often relied on visual or cultural codes which could lead them to misinterpret young black people's intentions:

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195. Several respondents emphasised the difficulty in overcoming historical mistrust for the police. The "sus" laws—under which the police could arrest someone if they suspected they might be about to commit a crime—had led to "cross-generational mistrust of the police".[274] Leroy Logan linked public perceptions of the police with the internal staff culture. The mistreatment of black policemen, exemplified by the racism and 'canteen culture' encountered by Norwell Roberts, who joined the Metropolitan Police in 1967, may have reinforced a sense that the police were antagonistic and hostile to black people's interests.[275]

Lack of trust in the justice system can lead young people to seek alternative forms of redress

196. Witnesses from the police, faith and community groups[276] said a lack of trust in the police was leading young people to turn to informal "street justice", in which friends, relatives or the victim themselves took action to gain redress. This is perceived as faster and more effective:

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197. This view is supported by research by the Home Office, which has shown that young black men lack confidence in the criminal justice system and the response of some young men to this is to "seek to retaliate against the perpetrators".[279]

198. Figures provided by Trident show that in 40% of shootings dealt with by the operation, the victim was unwilling to assist the police even though, in many cases, they are likely to know who the perpetrator is. According to Trident, "some elect not to help police due to fear of further attacks on themselves or their family while others do not trust the criminal justice system and seek to 'settle the score' themselves in a revenge shooting."[280]

Some young people carry weapons to protect themselves

199. If young people lack confidence in the criminal justice system, they may feel they need to carry weapons to protect themselves:

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Conclusion—the causes of overrepresentation

200. Many of the causes of overrepresentation among young black people are similar to those which predispose a minority of young people from all communities to involvement in the criminal justice system. Social exclusion, educational underachievement and school exclusion interact to form a web of disadvantage, bringing young black people disproportionately into contact with crime and the criminal justice system as both victims and offenders.

201. However, our evidence suggested there are issues which are particular to young black people which need to be tackled. Many but not all of these stem from the social exclusion described above. We heard that a lack of father involvement may have a negative impact on the development of young black males in particular. Our evidence also suggested there is a culture amongst some young black people, fuelled by the media and popular culture, in which 'success' or credibility is built on young people's willingness and ability to break the law or exercise power through force.

202. Young black people are more likely than other young people to come to the attention of the police because they are more at risk of factors such as social exclusion, living in rented accommodation or being homeless, which are associated with arrest. The types of crimes they commit may also bring them more readily to the attention of the police. In addition, the particular relationship between black communities and the police leads to greater involvement in the criminal justice system—in some instances due to discrimination, and in other cases because suspicion or mistrust of criminal justice agencies leads young people to take the law into their own hands to protect themselves or exact redress.

203. Our evidence suggests that, in addition to addressing the underlying causes of overrepresentation, any response to overrepresentation needs to tackle those causes which are specific to black communities.

132 Ev 268 Back

133 Q 40 Back

134 Dorling 2005, cited in Ev 222 Back