A report, produced by the Ministry of Justice (MoJ), shows that black and Asian defendants are almost 20 per cent more likely to be sent to jail than those who are white. The most common outcome for a white criminal was a community sentence; for Black, Asian and Chinese offenders it was custody. At the same time, the average prison sentence given to Caucasian criminals by courts in England and Wales is seven months shorter than those given to Afro-Caribbean offenders. It shows that over the past four years black criminals have been less likely to receive police cautions and more likely to have been proceeded against in court, than any other ethnic groups. In every year studied, a higher proportion of white defendants had previous convictions – which would normally result in a greater number of prosecutions and harsher sentences. But this does not appear to be the case.
The proportion of white criminals sentenced to immediate custody by the courts was 26 per cent while the proportion of black criminals sent to prison was 31 per cent and Asians 32 per cent. The average custodial sentence for white offenders was 15.9 months; for black prisoners it was 23.4 months.
A white person pleading guilty to burglary was sentenced to, on average, 25 months in prison compared with a black person who typically received a 28-month sentence. Of those pleading not guilty but convicted by the courts, the sentences were 40 months and 47 months respectively.
76 per cent of white people convicted of production or supply of a class A drug were sentenced to immediate custody compared with 84.8 per cent of black people.
Paul McDowell, a former prison governor, said “When I worked in Brixton prison, of the 900 prisoners we had, between 60 and 65 per cent were non-white, which was completely disproportionate to the make-up of the community. This was a direct consequence of what was happening in the courts. But there is a degree of establishment denial. There seems to be a view that the judiciary are independent and cannot be interfered with. But that lack of challenge is at the root of the problem.”
Peter Herbert, chairman of the Society of Black Lawyers and a crown court judge, said the figures represented “institutional racism”. “I’m not sure what else you can call it,” he said. “The effect is right across the criminal justice system. From stop and search, to arrest, to charge and to sentencing – every aspect of the process is stacked against defendants from ethnic minority backgrounds. It is not a pretty picture.”
The proportion of white criminals sentenced to immediate custody by the courts was 26 per cent while the proportion of black criminals sent to prison was 31 per cent and Asians 32 per cent. The average custodial sentence for white offenders was 15.9 months; for black prisoners it was 23.4 months.
A white person pleading guilty to burglary was sentenced to, on average, 25 months in prison compared with a black person who typically received a 28-month sentence. Of those pleading not guilty but convicted by the courts, the sentences were 40 months and 47 months respectively.
76 per cent of white people convicted of production or supply of a class A drug were sentenced to immediate custody compared with 84.8 per cent of black people.
Paul McDowell, a former prison governor, said “When I worked in Brixton prison, of the 900 prisoners we had, between 60 and 65 per cent were non-white, which was completely disproportionate to the make-up of the community. This was a direct consequence of what was happening in the courts. But there is a degree of establishment denial. There seems to be a view that the judiciary are independent and cannot be interfered with. But that lack of challenge is at the root of the problem.”
Peter Herbert, chairman of the Society of Black Lawyers and a crown court judge, said the figures represented “institutional racism”. “I’m not sure what else you can call it,” he said. “The effect is right across the criminal justice system. From stop and search, to arrest, to charge and to sentencing – every aspect of the process is stacked against defendants from ethnic minority backgrounds. It is not a pretty picture.”
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