Racism in the British Criminal Justice System, a thread.

Have I ever suffered from it? No.

Have I seen it? I think so. That’s the problem with racism, sometimes it is so subtle, you fear calling it out.
I represent people from all walks of life. Mostly it’s the very poor, the mentally ill, people brought up in care. The vast majority of criminals in this country are young ‘white British’ males. This ethnic group dominates my client base.
However I have defended Poles, Russians, Bulgarians, Lithuanians, Romanians, Syrians, Iraqis, Kurds, Pakistanis, Afghans, Africans, Scottish, Irish, Northen Irish, Welsh, English, American, Australian, Canadian, you name it. Every colour of skin, every accent, every language.
Have I seen black British people treated differently by Judges to white British people? Yes.

Depending upon the Judge, have I pitched my sentencing advice a little higher than I would to a black British lad than I would have for a white British lad? Yes. (That’s how I know).
I once defended a young man of excellent character who was at university. It was a drug case.
Normally that would dig a decent chunk from any sentence starting point, but he was black, and outside of London, where he was from.

He went to prison.
Would he have gone to prison if he‘d white? I don’t think so.

Why don’t I know? Well it’s not like the Judge said anything, but I felt it. I felt he had less of a chance.

I can’t stand here & say that I believe the CJS is free from racial stereotyping & equality prevails,
because the statistics speak for themselves.

If all of us at the Bar today have this conversation now, and we keep it going, we can do more to ensure that our Judiciary of the future is colourblind.
Some stats:

In 2018/19, (67%) of children arrested in London were from minority ethnic groups, compared to 21% in the rest of Eng and Wales.

Just over half (52%) of adults arrested in London were from minority ethnic groups, compared to 22% in the rest of Eng & Wales.
Compared to white defendants (38%), larger proportions of Asian (40%), Mixed ethnicity (45%), Black (46%) & Chinese or Other (46%) defendants were remanded in custody for indictable offences at Crown Court. (This means more were denied bail).
Of those remanded in custody, 73% of white defendants were sentenced to immediate custody, a larger proportion when compared to all minority ethnic groups (between 69% and 72%).
White offenders have had a consistently lower average custodial sentence length (ACSL) for indictable offences than ALL other ethnic groups since 2014.
In 2018, White offenders had an ACSL of 18.3 months compared to 29.1 months for Asian offenders, 28.0 months for Black offenders, 23.3 months for Chinese or Other offenders and 22.2 months for offenders from mixed ethnic groups.
A greater number of children in prison were from minority ethnic groups.

Two fifths (40%) of prisoners aged under 18 were Black or Mixed ethnicity, despite these ethnic groups accounting for less than one fifth (17%) of the entire prison population.
A higher proportion of prosecutions in the Black and Mixed ethnic groups were against children, 13% and 14% respectively, compared to 5% for White defendants.
In 2018, minority ethnic children also had a higher proportion remanded in custody, had a higher custody rate and received longer custodial sentences.
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