Crown Prosecution Service: Racial Bias

Baroness Hussein-Ece Excerpts

Thursday 25th April 2024 Lords Chamber

[Lord Roborough (Con)]

My Lords, as we all know, individuals commit crimes, and it is up to us to ensure that they are treated fairly and equally. The Lammy Review, published in 2017, found no issues with the outcomes of CPS charging decisions. Given the level of ethnic disparity across the CJS and the fact that the Lammy Review was undertaken some time ago, the CPS commissioned further independent academic research. The findings of this research, while challenging for the CPS, are an important step in ensuring that the CJS is fair and functioning for all sections of society. I am pleased that further work is being undertaken to provide a deeper understanding of this issue and to find solutions as to how best the system can address it. That work will help to identify any issue with processes, and we expect it to be completed in the last part of 2024.

[Baroness Hussein-Ece (LD)]

My Lords, the disparity and bias that we know about is not new. The MoJ and the Crown Prosecution Service have extensive data. This question has come up time and again. There have been reviews and there has been research. I find it very disappointing for the Minister to say that we do not why this is still happening. We know that black defendants spend an average of 70% longer in prison awaiting trial and sentencing than their white counterparts—the Government’s own data shows this—and we know that black and Asian people in prison are more likely to be serving longer sentences than other groups. Do not these shocking figures really lay bare how racism and injustice is hardwired into the criminal justice system? While sentencing and remand decisions are made by independent judiciary, the Government have a responsibility to tackle this. What is being done to end these disparities?

[Lord Roborough (Con)]

My Lords, I do not accept the noble Baroness’s comments that individuals are necessarily being treated differently. However, the research did find an issue, and the CPS is taking several steps to ensure that this work is both credible and robust, including development of an independent disproportionality advisory group that will provide independent scrutiny of its internal research regarding disproportionality to provide confidence that the work is suitably focused, rigorous and transparent.