25. Memorandum submitted by
the Home Office
The introduction sets out our approach to the
written evidence and explains the work of the CJS Race Unit and
Office for Criminal Justice Reform (OCJR). We highlight some of
the key experiences that young Black people have of the CJS and
discuss the difficulties around identifying and understanding
all the different factors that lead to their disproportionate
representation in the CJS and affect their confidence in it. We
discuss how CJS agencies are working together to create a fair
CJS and look at issues around data collection.
Having looked at the experiences of young Black
people we demonstrate how the CJS is tackling disproportionate
representation of young Black people in the system, through Government
targets, commitments and specific policy initiatives. We highlight
the positive changes made over time to improve equality and fairness
in the CJS. We also touch on the demographic and socio-economic
factors outside the CJS which can contribute to the disproportionate
representation of young Black people in the system eg health,
education and employment. The submission makes it clear that it
is too simplistic to characterise the disproportionate representation
of Black and Minority Ethnic (BME) groups as simply "overrepresentation"
as a result of discrimination. Rather it needs to be understood
as a complex dynamic of historic discrimination and over-policing,
coupled with relative social and economic disadvantage, and related
We include data to illustrate young Black people's
experience of the CJS.
Taking into account the complexity of issues
surrounding young Black people and the CJS, we end with a conclusion
which reiterates the Government's commitment to providing a fair
1. We want to build a society where there
are equal opportunities for all. An essential part of that is
a criminal justice system (CJS) which promotes equality; doesn't
discriminate against anyone because of their race; has a workforce
that is representative of the population at all levels and is
effective in rooting out and tackling racism and racist crime.
Young Black people currently have a different experience of the
CJS. For example, they are more likely to be stopped and searched
on the streets. We cannot say we have a transparent and fair CJS
for all until we can demonstrate that all Black and Minority Ethnic
(BME) communities, including young Black communities, experience
no unjustified discrimination.
2. We have made enormous progress in recent
We have strengthened the legal framework
There have been significant decreases
in the proportions of BME people who think that they would be
treated worse by each of the police, the prison service, the courts
and the Crown Prosecution Service.
We have improved diversity training
and toughened up our recruitment processes to make sure racists
can't get into the police. This has resulted in a reduction in
racist cultures across the police.
The CJS is much more representative
of the communities it serves.
We have taken action to understand
and address the disproportionate representation of people from
Black and other minority ethnic communities at key stages of the
criminal justice processin particular the use of Stop and
Search where we now have a robust process in place to reduce disproportionality
and increase BME community confidence in the use of the power.
We have made significant progress
in how we investigate and prosecute hate crime.
We have increased engagement and
consultation with local communities.
We have created a new Independent
Police Complaints Commission.
3. But we are not complacent and have a
lot to do:
People from BME communities, including
young Black people continue to have a different experience of
the criminal justice processwe need to do more to address
There is still a gap between the
confidence of people from BME communities and white people that
they will be treated fairly by the CJS.
Despite progress and with exceptions,
there is more to be done to improve the recruitment, retention
and progression of people from BME communities.
There are still gaps in the information
that is collected about ethnicity in the CJS.
4. We recognise that we can only make real
improvements to the services we provide to all communities by
working collaboratively and constructively across all the agencies
that make up the CJS and beyond. We work within the framework
provided by Improving Opportunity, Strengthening Society (IOSS)the
first ever cross departmental strategy to increase community cohesion
and race equality. It brings together practical measures across
Government to improve opportunities for all in Britainhelping
to ensure that a person's race or ethnicity is not a barrier to
their success. A key point highlighted in the IOSS and being actively
addressed across the CJS is the PSA 2 target of "reassuring
the public, reducing the fear of crime and anti-social behaviour
and building confidence in the CJS without compromising fairness"
and within that a specific element to address BME perceptions
of unfairness by the five CJS agencies.
5. In structuring the submission, we look
to provide an overview of the initiatives that we have in place
and that we are developing to improve how our services are delivered
to BME communities, including young Black people. We look at our
successes and explore where we still need to do more. We include
a brief consideration of socio-economic factors outside the CJS
that impact on young Black people's interaction with the CJS.
A FAIR AND
6. Reflecting our commitment to a joined
up CJS, this submission encompasses the work being undertaken
by the Home Office (including the views of the National Offender
Management Service (NOMS)), the Crown Prosecution Service (CPS)
and the Department for Constitutional Affairs (DCA) and has been
drawn together by the CJS Race Unit in the Office for Criminal
Justice Reform (OCJR).
7. The OCJR is the cross-departmental organisation
that supports all criminal justice agencies in working together
to provide an improved service to the public. It supports the
CJS in England and Wales through the major reform process in which
it is involved, with the aim of bringing more offenders to justice
and improving services to victims and the public. Forty-two Local
Criminal Justice Boards (LCJBs) lead local action, and the Home
Office, DCA and Law Officers' Departments lead the reform process
jointly at national level, through the National Criminal Justice
Board. The CJS Race Unit leads on cross CJS-wide work on Race.
It has a central role in monitoring the delivery of the PSA target
for BME equal treatment in the CJS.
8. The work that is undertaken through the
OCJR obviously overlaps and complements that being taken forward
by the Youth Justice Board (YJB). Preventing offending by children
and young people has been a key priority for the Government and
the YJB began work in September 1998 to provide a clearer national
framework for local action. Youth Offending Teams provide the
local structures to tackle youth offending and they now have action
plans in place to achieve equal treatment at local level for comparable
offences by different ethnic groups. This will involve the delivery
of targeted activity that is aimed at reducing local differences.
This approach provides a challenge to the continuing disproportionate
representation of young Black men in the CJS. Reflecting their
status as a Non-Departmental Public Body, the YJB is responding
separately to the inquiry and will set these initiatives out in
more detail. However, due to common core messages this response
does make some references to the youth justice system.
9. In approaching this submission, we have
interpreted "young" as including men and women under
the age of 25. Ethnic monitoring in CJS agencies relies on a variety
of recording methods and classifications. Since 1 April 2003,
a standard system of recording has been introduced into all agencies,
based on self-classification into one of 16 categories used in
the 2001 census. Classification is based around five main groups:
White, Mixed, Black, Asian and Other. The change to self classification
has been challenging and there are gaps in the data we capturewe
are not able to disaggregate all CJS data by age. Throughout this
response we have highlighted where information is relevant to
young people only and specified gender where appropriate.
10. The majority of the data used in this
submission is published under Section 95 of the Criminal Justice
Act 1991. The data we have used relates to the period 2003-04.
The most recent 2004-05 race statistics collected under Section
95 have been withdrawn from the public domain as some of the data
published was incorrect. The Home Office has apologised for this
and is working to resolve these problems. But this does emphasise
the importance of ensuring we have accurate and complete data
to drive change and that the data we collect on race and ethnicity
needs to be improved. Indeed, the CJS Race Unit was set up with
the objective of improving the value of BME criminal justice statistics.
To that end, OCJR has conducted a Root and Branch Review of race
data in the CJS.
11. It recognised that there are gaps in
the data and a lack of clarity on how this data should be owned
and used to drive up performance locally. For example, in magistrates'
courts, monitoring of ethnic appearance of those appearing in
courts during 2003-04 was only possible in one-fifth of cases.
However, some important BME data is much more complete. For example,
in the key areas of: stop and search, prison receptions, arrests
and cautions. There is commitment across the CJS to improving
and using Section 95 data. It is universally recognised by practitioners
that the publication of national data on race and the CJS is useful
and desirable and could potentially be a powerful tool in improving
performance on BME issues. Working collaboratively with CJS agencies,
OCJR is currently drawing up plans to improve data collection
over the next 2-3 years.
12. The data tells us that Black people
have a different experience of the CJS compared with White people.
Evidence shows people from BME groups continue to be disproportionately
represented in the CJS. For example:
Black people are just over six times
more likely to be stopped and searched by the police than White
people, though this may reflect the fact that three-quarters of
such searches are in London;
Black people are three times more
likely to be arrested than White people;
Excluding foreign nationals, Black
people are five times more likely to be in prison than White people;
In 2003-04 relative to the population
as a whole, Black people were over three times more likely to
be arrested than white people;
Combining data from all police force
areas a greater proportion of White defendants (78%) were found
guilty in the Crown Court in 2003 than Black (73%).
13. It is too simple to conclude that disproportionate
representation indicates higher levels of criminality or discrimination.
The Offending, Crime and Justice Survey showed that levels of
self-reported offending in the last year were generally higher
in White respondents compared with Black respondents. Looking
at men between the ages of 10 and 25, White respondents were more
likely to have offended in the last year than Black respondents
(28% compared to 15%), and they were also more likely to be classed
as serious or frequent offenders.
14. The survey also found differences in
self-reported contact with the CJS across ethnic groups. Whilst
some of these differences could be accounted for by differences
in self-reported offending levels, not all could. Taking into
account previous offending behaviour, Black people who have offended
in their lifetime were more likely to have had contact with the
CJS than White people who had offended in their lifetime.
15. BME youth have higher levels of representation
in the Youth Justice System and self report higher levels of offending.
Black young people make up 3% of the youth population, but commit
10% of recorded drug offences and 26% of robberies.
The findings of the Mori Youth Survey
suggest that, among young people in mainstream schools, a higher
proportion of Black pupils have committed an offence in comparison
to their White or Asian peers. These statistics differ from previous
data discussed above. These discrepancies may be attributable
to differences in sampling, for example the number of persons
interviewed, how they were selected and how representative the
sample is of the population from which the respondents are drawn.
16. A review of the evidence on the involvement
of different ethnic groups in crime concluded that there was no
clear picture on offending patterns because of methodological
and conceptual difficulties.
17. It is also difficult to analyse changes
over time. Recording and reporting methods have changed and some
data is incomplete, so it is not possible to make anything but
general observations. Moreover focusing on the experience of young
Black people makes analysis even more prone to error. However,
we can say, that the levels of disproportionate representation
of young Black people in the CJS have changed little overtime,
even when changes in population and recording practices are taken
into account. For example, young Black people are disproportionately
represented compared with White people for robbery offences. These
patterns are similar to those evident since 2001. In 1997-98 Black
people were, on average, five times more likely to be stopped
and searched than White people. In 2004-05 the rate was six times.
18. Due to the complexity of the relationship
between race, ethnicity and crime and the lack of reliable data,
we are unable to say with confidence whether people are being
treated differently by the system because of their ethnic group
or why disproportionality occurs. There are factors external to
the CJS that impact disproportionately on BME communities and
contribute to shaping their interaction with the CJS. This would
include the fact that BME communities face significant socio-economic
disadvantage and their experiences of crime and criminal justice
are inextricably linked to that. For example, historic disadvantages
experienced in education, housing and health are all factors that
are in part predictive of offending behaviour and general involvement
in the criminal justice process. Differences in the extent and
nature of disadvantage are linked to historically structured experiences
after migration and in the subsequent three or four decades. Direct,
indirect and institutionalised discrimination have also contributed
to these unequal outcomes.
19. Some BME groups are comparatively young.
Within the broad category of Black, some groups, specifically
Black African and those classified as Black other have relatively
young age profiles when compared with White groups.
Disproportionality may also be affected by this younger age profile.
Whilst this submission concentrates on the experience of Black
people and the CJS (where possible disaggregated by age), it is
worth highlighting that many of the issues that affect young Black
people will also impact on young Asian people. For example, in
2003-04 young Asian people were 1.9 times more likely to be stopped
and searched than White people.
20. Young Black people's interaction with
the CJS as offenders is only part of the picture. Young Black
people also have contact with services as victims and as potential
and actual employees. It is clear that as victims they have a
different, and often poor, experience. This allied to contact
that they may have through Stop and Search, will be a major driver
of trust and confidence in the CJS and willingness to seek employment
in services or to volunteer.
21. The Government has set a strategic goal
of delivering a CJS in which the public has confidence in its
effectiveness and ability to serve all communities fairly. In
order to embed that principle the Government has adopted a PSA
target "Reassure the public, reducing the fear of crime and
anti-social behaviour, and building confidence in the Criminal
Justice System (CJS) without compromising fairness." The
PSA2(e) target specifically aims to reduce the percentage of people
from BME communities who believe they will be treated worse by
one or more CJS agency compared to the baseline year of 2001.
All CJS agencies are currently involved in developing a national
delivery plan to meet this target. They continually scrutinise
their policies and standards, performance, staff development and
training to ensure excellent service delivery to BME people. Achieving
this target is dependant on LCJB action and activity and consequently
a "Fairness and Equality in the CJS toolkit" has been
issued to all LCJBs. This toolkit assists LCJBs in developing
priorities and actions at local level to deliver justice fairly
and effectively and to meet the needs of the BME communities.
22. There have been significant decreases
over the period in the proportions of people from BME groups who
feel that they would be treated worse by each of the police, the
prison service, the courts and the CPS. The organisation considered
to be discriminatory on grounds of race by the largest proportion
of people from BME groups is the police (24%), followed by the
prison service (17%). Encouragingly, the proportions thinking
that the police and prison service are discriminatory have decreased
significantly since 2001. The proportions for the courts and the
CPS have also fallen over the period. However, we cannot be complacent.
Our target has not yet been met and work is progressing to ensure
that BME people are confident that they will be treated fairly
by the CJS. The picture is also less positive if we separate out
the specific views of young Black men. Forty-four percent of Black
males aged 16-24 believed they would be treated worse than people
of other races by the police, against 27% of BME males and only
5% of White males.
23. Recent Home Office studies have found
that Black and mixed race 16-24 year olds have lower levels of
trust in the police and the courts compared to older people.
Young Black people's confidence in the CJS is low and evidence
as to what influences their confidence levels is limited. However,
from the evidence available the key factors include:
The nature and quality of personal
experience of the CJS, in particular the police, as contact is
associated with perceptions of discrimination. This particular
emphasis on the police reflects greater contact with police in
comparison to other CJS agencies and that subsequently people
are more likely to hold some view about them.
Perception and attention of media.
Creating a dialogue by the provision
of information, by and on the CJS to develop community engagement.
It is known that the provision of information and increased knowledge
of the CJS improves perception of satisfaction and competence.
We therefore assume that it should also have an effect on perceptions
of fairness, particularly when linked with greater engagement.
Employment levels in the CJS agencies
to be representative of the BME population as a measure to increase
24. Whilst the relationship between the
CJS and BME groups is complex, the Government is determined that
the CJS must be rigorous in ensuring that any disproportionality
is not the result of discriminatory practices. Our policy thrust
focuses on how we can improve service delivery to all BME groups,
but we recognise that there are issues that are likely to impact
most on young BME people including young Black people. The following
section sets out the range of work we have underway to address
these drivers, both in the context of the CJS and the wider demographic
and socio-economic factors.
25. We are making progress. We have strengthened
the legal framework against race discrimination. It is 40 years
since our first Race Relations legislation. The Race Relations
Act 1976 made direct and indirect racial discrimination unlawful.
The Race Relations (Amendment) Act 2000 was the most far reaching
reform of race law in Britain for 30 years. The UK now has the
most comprehensive anti-discrimination legislation in Europe.
But more than creating the framework we have undertaken a number
of concrete measures which are having a positive impact on young
Black people's experience of the CJS.
26. Our community engagement work is helping
to ensure that young Black voices are being heard when we develop
policy. Work being undertaken on Stop and Search is providing
the police with practical measures to ensure that unfair disproportionality
is rooted out. We recognise that the journey to develop fair services
to all is not over. We cannot ensure equal treatment overnight,
but we can, and do work to ensure that we are narrowing differences
in how the CJS is experienced by all communities.
27. Black people have a higher relative
risk of being stopped and searched than White people in England
and Wales. Studies have shown that the disproportionate Stops
& Searches of Black people can be influenced by age, for example,
where the Black population in an area is younger than the White
The latest PACE monitoring information (Dec 2005) shows that Stop
and Search powers were predominately used on those under the age
However this factor cannot explain the national levels of disproportionate
representation. The Stephen Lawrence Inquiry Report highlighted
the problem of disproportionality, and indicated that discrimination
was a major factor. Research has pointed to: racial stereotyping
by the police
and the stopping of Black people on more speculative grounds compared
to White people.
28. More recent work has shown that officers'
suspicions are aroused by a range of factors including appearance
(eg clothing, being out of place), behaviour ("suspicious
activity"), time and place (which affected expectations about
what was normal behaviour) and information and intelligence (eg
These suspicions can result from wider generalisations, which
have the potential to alienate the public and develop into negative
29. In 2004 the then Home Secretary stated
that the disproportionate use of the power was too high, that
it had to fall and so established the Stop and Search Action Team
(SSAT) who were tasked to "ensure that Stop and Search as
a police power is used fairly and effectively as possible in the
prevention and detection of crime. Specifically to reduce disproportionality
and increase BME community confidence in the use of the power".
The team was also required to implement Recommendation 61 of the
Macpherson Report which required the recording of stops in addition
30. The SSAT works through a Delivery board
chaired by Doreen Lawrence which comprises all the key statutory
agencies, and a Community panel chaired by Lord Victor Adebowale
and formed of representatives from a broad range of community
31. The work of the team has included the
introduction of the recording of all stops; the production of
a manual for forces which identifies the key reasons for disproportionality
and an action plan to remove inappropriate disproportionality;
draft Practice Guidelines (minimum standards) on the use of Stop
and Search; publication of a community manual on the use of the
power; launch of an information campaign, including a dedicated
web-site and multi-lingual phone lines aimed at young people in
eight areas on the rights of individuals and the beginnings of
a research programme which looks at how police use intelligence
to target stop and search.
32. The success of this work will be measured
through the following by monitoring structures:
British Crime Surveyto measure
community confidence in the use of the power.
Police Performance Assessment Frameworkto
measure arrest rates broken down by ethnicity. Quality assurance
work around the consistency of this data will commence in 2006-07.
S95 Race and the CJS Statisticsto
measure the level of disproportionality.
HM Inspector of Constabularyforce
inspections and thematic inspections on race.
33. Alongside this work a new tool has been
developedthe Practice Orientated Package, which helps to
determine the causes of disproportionality. This is an innovative
method for analysing the components of stop and search in order
to understand where the weak links are, before suggesting solutions.
This work has included a strong element of community involvement,
which has been critical to identifying key conclusions around
the use of the power. An important element of the community engagement
has been meeting with young people in a variety of settingsex-offenders
as well as groups of young people from minority communities. Where
possible the SSAT accessed these young people through events they
had organised (youth clubs etc) and a number of the attendees
were invited to participate in seminars with local Chief Officers
to describe the impact of stop and search on them.
WIDER CJS AND
34. A principal aim of the Government's
Police Reform Programme is to provide a citizen-focused service
that responds to the needs of individuals and communities and
inspires confidence in the police. For many people the police
service will be their first and most frequent point of contact
with the CJS. Neighbourhood policing puts communities own priorities
and concerns at the top of the agenda. Neighbourhood Policing
teams will invest time in getting to know the communities they
serve, and enabling all sections of the communityincluding
young Black peopleto build productive relationships with
local teams and air their issues and concerns, resulting in dialogue
about how these concerns might be addressed. This approach will
help the police to better understand the issues which particularly
concern young Black members of any community and will provide
a framework and the necessary training to enable these issues
to be delivered together. Success in this area will, in part,
be analysed by the Police Performance and Assessment Framework
(PPAF) which contains measures of customer satisfaction, comparing
the satisfaction of white and BME respondents. Reflecting the
CJS' joined up approach, all other parts of the CJS have and are
also developing strategies for effectively engaging with all communities.
35. Furthermore, race and diversity learning
and development are a key element of citizen-focused policing.
The Police Race and Diversity Learning and Development Programme
is a major programme aimed at improving police performance in
race and diversity. Forces must work to gain the trust of all
sections of the community and the programme will contribute to
gaining trust and confidence among diverse communities. The programme
strategy makes individuals responsible for their performance in
race and diversity, for improving and assessing individual, team
and force performance in race and diversityand for making
a clear link between the two. Training in race and diversity will
no longer be seen as separate from all other police training and
36. Inside Justice Week is a national campaign
to demystify the CJS and open it up to the public through a themed
week of events, media opportunities and public engagement. This
year it will run from 18-25 November and is run locally by the
42 LCJBs. The key audiences will be young people (from 7-14 years),
older people (55-75) and BME communities. This will provide additional
emphasis for LCJBs to build relationships between young Black
people and CJS agencies.
37. In the summer of 2001, the CPS commissioned
the Gus John Partnership to review the CPS' institutional practices
to ensure they were not contributing in any respect either to
the denial of justice or to a lack of public confidence in the
system of prosecution, particularly for members of the BME groups.
38. Whilst the report did not provide a
significant conclusion on race or gender bias, it did indicate
a number of trends and tendencies that have a negative impact
on the experiences of African Caribbean people who came into contact
with the CPS. In particular, concerns about the way in which such
offences were not always recorded early on and how the racial
aspect would sometimes be neglected or dropped as part of a "plea
39. In response to the report findings the
CPS has developed a racist and religious crimes prosecution policy,
framed with community partners, and commended by the National
Audit Office in their study on equality and diversity in Whitehall.
They have made reducing unsuccessful outcomes in racist crime
cases one of their top 15 measures and to obtain this target they
have trained over 1,600 prosecutors in the handling of racist
and religious crimes and have lead specialists in place in each
40. A joint ACPO and Home Office Hate Crime
Manual Hate Crime: Delivering a quality service, which
includes information on how to handle race hate crime was revised
and re-published in May 2005.
41. A recent Hate Crimes Monitoring Project
has been established to improve the electronic recording of hate
crimes, including victim and defendant details to enable all data
to be recorded electronically. It will also improve the public
reporting of hate crime, within one standardised report. It is
planned that this project will allow hate crime data to be disaggregated
by age, ethnicity and disability.
42. The data suggests that the Government's
approach is having some success. The BCS (self-reported crime)
estimates that there has been a significant reduction in racially
motivated incidents since the mid 1990s, while reported incidents
are rising. That suggests the encouragement of all agencies and
community groups for better reporting by victims and better recording
by the police have been successful.
43. In 2003, there was a 1% rise in the
proportion of Black youths (10-17 years of age) remanded (10.1%).
Youth Offending Teams (YOTs) were notified of Remand decisions
on 128,875 offences in 2004-05. The main findings were that:
The setting of unconditional bail
did indicate disproportionality by ethnic group (46% of offences
involving Black people under the age of 18 and 57% for young White
people of the same age group).
8.1% of Black people under 18 were
remanded in custody, compared to 5.1% for Asian and 4.4% for White
people of the same age group.
44. There is no detailed ethnicity data
available on remand decisions for people over 18 though various
small scale studies have suggested that Black offenders are more
likely to be remanded in custody.
To address these issues, OCJR have established a Bail and Remand
Policy Group which includes a Senior District Judge and representatives
from NOMS, DCA, CPS and ACPO. The group is specifically tasked
to examine the disproportionate race impact of bail decisions.
45. The DCA is involved in the "Justice
and Schools" project which seeks to raise pupils' awareness
and knowledge of the courts process in England and Wales. The
project targets young BME people in promoting careers in the CJS.
46. The Magistrates Courts "Mock Trials"
Competition is run by the Citizenship Foundation in partnership
with the Magistrates' Association and sponsored by the DCA. The
aim of this project is to raise the profile of the magistracy
amongst young people through court scenario role play. The competition
is open to all state funded secondary schools and aimed at students
aged 12-14 years. Last year over 400 schools and approximately
4,500 students took part. This initiative does not target young
Black people specifically but does welcome involvement from all
47. The DCA is committed to increasing diversity
in the judiciary through the "Increasing diversity in the
judiciary" programme which seeks to determine what steps
are needed to widen the pool from which applicants for judicial
appointments are drawn.
48. The sentencing decision is probably
the most complex of all those that are made in the criminal process.
Sentences have to take account the nature of the offence, the
plea, the offender's previous criminal history and mitigating
or aggravating circumstances relating to the offence and the offender.
In these circumstances it is difficult to separate differences
due to ethnicity from other factors. As set out in the NOMS Five
the Government will continue to work with judges, magistrates
and other agencies of the CJS to improve the quality of recording
of ethnic monitoring data. We will then ensure all those involved
use that data to take action to ensure that BME offenders (including
young Black people) are being treated fairly.
49. When offenders are in custody the behaviour
of staff has an overwhelming impact on their lives. On 30 June
2005, there were 76,190 people in prison, prison establishments
and excluding foreign nationals, the proportion of Black prisoners
relative to the population was five times higher than for White
50. HM Inspectorate of Prisons recently
published a thematic report on PrisonsParallel Worlds,
which separated out the experience of and responses from young
prisoners and those from different minority ethnic groups. Overall
findings were that BME prisoners as a whole reported significantly
poorer outcomes across all areas of prison life. It pointed to
the need for more effective training and leadership, better monitoring
and better handling of complaints. There were particular concerns
about perceptions of safety among young Asian prisoners and perceptions
of a lack of respect from prison staff among young Black prisoners.
The report also found that young BME prisoners are more likely
than White prisoners to participate in and value education.
51. A judicial inquiry into the death of
Zahid Mubarak (who was of course a young prisoner) is due to report
in June 2006. The Prison Service in response to the Inspection
report has made progress with many of its recommendations. The
Prison Service is currently implementing Phase 2 of the CRE/Prison
Service Action Plan.
52. A fundamental challenge in running prisons
is to ensure that order is maintained so that prisons provide
a safe and controlled environment for both prisoners and staff.
HMPS has developed a number of intervention strategies across
several disciplines including race relations, security, training
and monitoring. These include:
further development of the role of
the Race Relations Liaison Officer and Race Relations Management
more focused training on awareness,
beliefs, values, decision making;
further guidance to establishments
on legislative obligations and conducting impact assessments;
a Violence Reduction Strategy, which
provides guidance to establishments on addressing racism and racially
motivated violence. The violence reduction toolkit addresses this
issue specifically. Cell-sharing risk assessment is an additional
tool to assist in the early identification of racist or violent
development of a robust performance
monitoring and management framework for race issues in the prison
53. Offenders in the community rely on the
professionalism of staff working in the Probation Service and
other organisations to give them the best possible chance of going
straight. The Government recently published its Five Year Strategy
for Protecting the Public and Reducing Re-offending which set
out the new process of offender management which we are putting
in place to link what we do in custody with what we do in the
community. This will allow it to be tailored to the needs of each
offender (including young people) as an individual based on a
rigorous and objective assessment.
54. The British Crime Survey (BCS) is the
main source of information on victimisation, however, data is
not analysed by age, because the sample size is too small. The
BCS shows that White and Black people face similar levels of risks.
However in the case of homicides, which are amongst the least
frequent crimes in England and Wales there are wide disparities
in risks for different ethnic groups. Police recorded crime data
shows that Black people are five times more likely to be a victim
of a homicide and Black victims are predominantly young men with
a third being the victim of firearms.
55. There is little statistical information
of young Black men's experience of crime. Qualitative research
has been undertaken to look at the experiences of young Black
men as victims of crime to help inform initiatives and raise levels
of confidence. This work showed that:
Young Black men had infrequent contact
with formal agencies that could help victims of crime, and services
need to be made more accessible to them.
As with other victims, the views
and attitudes of young Black men varied and services must be responsive
to the needs of individuals.
Support from family and friends was
Lack of confidence in the police
and CJS was an important reason for not reporting the crime to
Young Black men who had reported
a crime to the police held fairly positive views on initial contact
with the police, but were more dissatisfied with follow-ups.
Word of mouth is a powerful influence
on beliefs about the police and therefore improving the experience
of young Black victims who report crime is essential. LCJBs have
prioritised improvements to victim services.
56. As part of the National Victims and
Witness Strategy individual agencies have been tasked with identifying
gaps in delivery against the Victims Code of Practice and Victims
and Witnesses Delivery Plan and developing a strategy to address
these gaps. The "Fairness and Equality in the CJS Toolkit"
emphasises that in delivering the basic minimum standards which
victims and witnesses should be able to expect from the CJS, practitioners
need to understand how best to provide these to all communities.
57. The CPS is working towards supporting
victims through its "No Witness, No Justice" programme.
This is a joint initiative between the CPS, ACPO, OCJR and OPSR
and is a new model of victim and witness care that is built around
their needs, rather than the needs of the CJS. The programme has
a particular focus on victims and witnesses of racist crime and
the needs of victims and witnesses. Training has been provided
on the particular needs of victims from BME communities, including
young Black people.
58. In the three-year period ending 2003-04,
the police recorded 2,605 homicides (murder, manslaughter and
infanticide). Thirty-one percent of Black homicide victims were
shot compared with 6% of White people.
Some of the concerns of Black communities about violent crime
will be related to the disproportionate representation of young
Black men and victims of homicide and in particular shootings.
59. The Home Office's Connected Fund was
established in May 2004 as a simple, non-bureaucratic fund to
provide grants to small voluntary groups working on gun crime,
knife and gangs issues. This has proved very successful, supporting
over two hundred community groups across the country in the four
rounds held. A large proportion of these projects are delivered
by BME community groups in areas where tackling gun and knife
crime are a priority.
60. Although the workforce in the CJS has
become more diverse, the negative experience and perception that
young Black people have of the CJS is likely to affect their view
of the organisations as employers. A workforce that reflects the
society it serves can be an important driver of confidence. All
CJS organisations are committed to improving the representativeness
of their services and ensuring that staff from BME communities
are fairly treated. Real progress has been made, and over recent
years there has been a marked improvement in the representation
of BME people in all grades across the CJS. Challenging targets
have been set for agencies to reach full representation in relation
to the proportion of their staff that belong to BME groups, by
61. Not all the reasons for young Black
people's disproportionate representation within the CJS rest with
the system itself. We also need to consider demographic and socio-economic
factors that indicate that young Black men are more likely to
experience a number of risk factors which can act as drivers of
social exclusion and a reduced likelihood of making a positive
contribution in society. For example, 80% of Black African and
Black Caribbean communities live in Neighbourhood Renewal Fund
Deprived areas often have the worst outcomes where health, education,
employment, crime and housing are concerned. The service delivery
problems and poor outcomes afflicting deprived areas and neighbourhoods
often hit hardest on BME communities. It has been argued that
Black Caribbean and Black African groups who are concentrated
in these areas tend to be trapped as a consequence of historic
patterns of discrimination in housing, limited opportunities and
62. The historical experience of BME groups
themselves is also likely to be an important determinant of their
interaction and attitude to the CJS. For example, the relationships
today between Black youths in inner cities and the police are
inevitably toned by several historical factors such as:
The overt discrimination to which
previous generations were exposed.
The resultant tensions and mutual
suspicion between police and Black people.
The limited social and economic opportunities
open to these previous generations.
The consequent processes of social
exclusions that affected later generations.
63. A recently published report by the Institute
of Public Policy Research highlighted that the poor and unemployed
were twice as likely to become victims of violent crime. The report
also outlined that people living in the most deprived neighbourhoods
are more than twice as likely to be mugged and more than twice
as likely to be "very worried" about being physically
attacked as those people living in the least deprived neighbourhoods.
These are factors that will impact on the life experiences of
young Black people. That is why our work on the CJS should be
seen in the context of the framework provided by "Improving
Opportunity, Strengthening Society (IOSS), the first ever cross
departmental strategy to increases community cohesion and race
64. Disproportionate numbers of Black and
young people of dual White (mixed)Black Caribbean heritage
are failing to achieve five or more GCSEs at A*-C.
Evidence suggests that five GCSEs or NVQ level 2 is the minimum
requirement for entry into skilled employment in today's labour
5 OR MORE
A*-C GCSES BROKEN
65. Recently published Department for Education
and Skills (DfES) GCSE figures, show an increase in Black boys'
attainment, however still only a third of Black Caribbean boys
gain 5 or more good GCSEs, fewer if English and Maths are included.
66. Black and mixed race young people are
less likely to be in education, training or employment at 16.
By the age of 21, such young people are more likely to be: unqualified,
untrained, unemployed, earning less if employed, a parent and
suffering from depression.
67. Boys of Black and Mixed White/Black
Caribbean heritage are overrepresented among permanently excluded
and fixed-term excluded pupils. In 2003-04 29 in every 10,000
Black pupils were permanently excluded from school, which was
around twice that for White pupils.
EXCLUSIONS 2002-03 AS
68. Drug misuse has a common link to criminal
activity. Findings from the 2001-02 BCS show no statistically
significant differences in the extent of drug use amongst White,
Black and Asian people. But amongst 16-24 year olds, levels of
drug use were lower for Black people than for those from a White
or Mixed background. Ten percent of White people in this age range
had used a Class "A" drug in the last year, compared
to 8% Mixed and 2% of Black people.
Although this shows no disproportionate representation of Black
people in drug misuse in the general population, the pattern of
drug misuse amongst the crime-committing population will be quite
69. Certain communities are underrepresented
in drug treatment interventions. Drug treatment strategy in the
community and in custody has tended to develop to support opiate-misusers
and as this type of drug use is more common amongst White people,
the system unintentionally discriminates against people from BME
communities; particularly with young Black people, who are reported
by drug treatment staff to be predominantly cocaine and cannabis-misusers,
the Drug Interventions Programme focuses primarily on Class A
drug treatment (heroin and cocaine). Limited community support
for non-Class "A" drug misusers and under development
of services for cocaine users may lead to higher levels of offending
70. To help address this imbalance in drug
treatment services, the University of Central Lancashire was commissioned
by NOMS to research the experiences of BME drug misusers in custody.
The report is not yet finalised, but will form the basis for a
Diversity Toolkit for BME drug misusers which is due for completion
in late autumn. NOMS is also working in partnership with Conference
on Crack and Cocaine (COCA) to produce a cocaine treatment package.
71. Some young Black people face a vicious
circle of poverty, deprivation, and social exclusion, different
experiences of health, housing, income and employment. Clearly
some of the factors that impact on the disproportionate representation
of young Black people in the CJS rest with these wider socio-economic
factors. Tackling these complexities requires Government to work
in a concerted manner. All Government departments have a duty
under the Race Relations (Amendment) Act to embed race equality
in their policies and practices through Race Impact Assessments.
Detailed below are a few examples of how race equality is being
embedded in policy and services to tackle the cycle of discrimination
and deprivation young Black people face. The emphasis of this
work is around education which is seen as key to breaking the
The Home Office has recently launched
an experts group called REACH, chaired by Clive Lewis (founder
of the Men's Room Trust) which seeks to enable young Black men
to reach their full potential. This is part of a new approach
to getting the best advice on race equality and cohesion issues.
Through the Connecting Communities
grant programme the Home Office has funded VOIS (Voicing Our Issues
and Struggles), which runs a number of projects in North London
to give young Black people a voice in local affairs. This includes
the Black Male Forum which provides personal development programmes
for young black men.
Funding has been given to Theos Hodos
Ltd (National Black Boys Can Association) which aims to raise
the academic and social aspirations of Black Boys aged 9-16 and
to break the cycle of underachievement, unemployment, crime and
DfES is committed to reducing the
disproportionate rates of BME exclusions from school. An important
part of their action plan to achieve this is the Black Pupils'
Achievement Programme. Launched in October 2005 the aim of the
programme is to work with Local Authorities and schools to focus
on raising the attainment level of all Black pupils and supporting
schools to develop leadership capacity to lead a whole school
approach to raising the achievements of Black pupils.
A number of Local Strategic Partnerships
in the most deprived neighbourhoods in England and Wales have
identified poor educational attainment of Black pupils as an area
they want to tackle as part of their improvement plans.
72. The issues surrounding young Black people
and CJS are complex. The Government is determined to continue
to understand and address the causes of the disproportionate representation
of different groups at each stage of the criminal justice process;
the gap in confidence between Black and other ethnic minority
groups and White people and the wider socio-economic factors that
lead to this. This evidence has sought to set out the range of
activity we are undertaking to secure our objective of a CJS which
treats all communities fairly.
160 Murphy, R, Wedlock, E & King, J (2005) Early
findings from the 2005 Home Office Citizenship Survey. Back
Barclay, G, Munley, A & Munton, T (2005) Race and the Criminal
Justice System: An overview to the complete statistics 2003-04.
London: Criminal Justice System Race Unit Back
As above Back
Prison Service (2005) Offender Management Caseload Statistics
quarterly brief -April to June 2005: RDS website Back
Sharp, C & Budd, T (2005) Minority ethnic groups and crime:
findings form the Offending, Crime and Justice Survey 2003. Home
Office Online Report 33/05 Back
Youth Justice Board (2005) Annual Statistics 2003-04.
London: Youth Justice Board Back
MORI (2005) Youth Survey 2004. London: Youth Justice
Board for England and Wales. Back
Bowling, B & Phillips, C (2002) Racism, Crime and Justice.
Harlow: Longman. Back
Census, April 2001. ONS www.statistics.gov.uk Back
FitzGerald, M cited in Bowling, B & Phillips (2002) Racism,
Crime and Justice. Harlow: Longman. Back
Murphy, R, Wedlock, E & King, J (2005) Early findings from
the 2005 Home Office Citizenship Survey. Research Development
and Statistics Directorate, Home Office. This report is an online
report only. Back
Pennant, R (2005) Diversity, Trust and Community Participation
in England. Research, Development and Statistics Directorate Paper
253. London: Home Office. Back
FitzGerald, M cited in Bowling, B & Phillips, C (2002) Racism,
Crime and Justice. Harlow: Longman Back
Ayres, M & Murray, L (2005) Arrests for recorded Crime (Notifiable
Offences) and the operation of certain police powers under PACE.
RDS-Office for Criminal Justice Reform. Back
Smith, D J & Gray, J (1985) Police and the Public. London:
Norris, C et al 1992 Black and Blue: An analysis of the influence
of race on being stopped by police. British Journal of Sociology
Vol 43 no 2. Back
Quinton, P Bland, N & Miller, J (2000) The impact of stops
and searches on crime and the community. London: Research, Development
and Statistics Directorate. Back
FitzGerald, M (1993) Ethnic minorities in the criminal justice
system. Home Office Research and Statistics Department. Research
Study No 20. London: HMSO Back
Home Office (2006) A Five Year Strategy for Protecting the Public
and Reducing Re-offending. Back
Prison Service (2005) Offender Management Caseload Statistics
quarterly brief-April to June 2005: RDS website. Back
Barclay, G, Munley, A & Munton, T (2005) Race and the Criminal
Justice System: An overview to the complete statistics 2003-04.
London: Criminal Justice System Race Unit. Back
Yarrow, S (2005) The Experience of Young Black Men as Victims
of Crime. London: Office for Criminal Justice Reform. Back
Barclay, G, Munley, A & Munton, T (2005) Race and the Criminal
Justice System: An overview to the complete statistics 2003-04.
London: Criminal Justice System Race Unit. Back
ORRION-www.renewal.net/toolkits.asp (ODPM-NRU online resource)
retrieved 28 March 2006 Back
Mason, D (2000) Race and Ethnicity in Modern Britain.
Second Edition. Oxford: Oxford University Press. Back
Prime Ministers Strategy Unit (2003), Ethnic Minorities and
the Labour Market. London: Cabinet Unit. Back
Fryer, P (1984). Staying Power: The History of Black People
in Britain. London, Pluto Press. Back
Keith, M (1993). Race, Riots and Policing: Lore and Disorder
in a Multi-Racist Society. London: UCL Press. Back
Nazroo, J Y (1997) The Health of Britain's Ethnic Minorities:
fourth national survey of ethnic minorities. London: Policy Studies
Madood, T et al (1997) Ethnic Minorities in Britain: diversity
and disadvantage-fourth national survey of ethnic minorities.
London: Policy Studies Institutes. Back
Dixon, M, Reed, H, Rogers, B & Stone, Lucy (2006) Crime
Share: the unequal impact of crime. London: IPPR. Back
DFES (2004) LEA Achievements at Key Stage 1 and 2, GCSE and
Equivalent, Post-16 and Value Added Measures in 2004 by ethnicity
and gender: www.dfes.gov.uk/rsgateway/DB/SFR/s000564/index.shtml Back
HM Treasury (2004) Supporting young people to achieve: towards
a new deal for skills. HMSO Back
MORI (2005) Youth Survey 2004. London: Youth Justice
Board for England and Wales. Back
DFES (2005) Permanent and Fixed Period Exclusions from Schools
and Exclusion Appeals in England 2003-04. www.dfes.gov.uk/rsgateway/DB/SFR/s000582/index.shtml Back
Aust, R & Smith, N (2003) Ethnicity and drug use: key findings
from the 2001-02 British Crime Survey. Findings 209. London: Home