Pre-sentence reports won’t create a two-tiered justice system, it already exists and it disadvantages Black, Asian, and Mixed Heritage people through consistent, systematic racism, at nearly every stage.
🕒 Estimated read time: 3 minutes
Government opposition to the new guidance on Pre-Sentence Reports (PSRs) published by the Sentencing Council for England and Wales is misguided and risks further exacerbating disparities in sentencing at a time where reform is necessary.
Yesterday, the Sentencing Council for England and Wales released new guidance which means that courts must request and consider a PSR before forming an opinion of the sentence. In particular, the guidance says that a PSR should be ‘considered necessary’ if the individual is from an ethnic, cultural, or faith minority. Young adults, women, pregnant people, and primary carers are also listed. This is a decision welcomed by Action for Race Equality.
Despite the positive change, Ministers have said that the guidance will create a ‘two-tiered’ justice system which will create ‘favourable’ sentences for minoritised groups. This is far from reality and is a narrative that disregards the deep-rooted disparities in current sentencing outcomes, and fails to recognise that a two-tier system already operates: one which systematically disadvantages Black, Asian, and Mixed Heritage people as a result of systemic racism.
According to research supported by Action for Race Equality, Black, Asian, and Mixed Heritage people are more likely to be sent to Crown Court for trial, they are more likely to be remanded in custody, and if convicted they are more likely to receive a custodial sentence and a longer sentence length than defendants in the white British group. Legally relevant factors do not fully explain these disparities in remand and sentencing outcomes.
The findings from this research offer compelling evidence that race and ethnicity play an important role in sentencing decisions and that defendants from ethnic minority groups are treated more harshly than white British defendants in the court system.
Pre-Sentence Reports are just one tool which help to flatten disparities in sentencing. By providing the judge with a clear understanding of an individual’s experience, it enables fairer treatment, which is a fundamental principle of the judiciary.
Increasing the use of PSRs by making them necessary when a community or custodial sentence is being considered will not create a ‘two-tiered’ justice system that creates a favourability towards racially minoritised people in the criminal justice system. Rather, they will help to close the stark disparity in sentencing outcomes.
As Lord Justice William Davis, the Chairman for the Sentencing Council for England and Wales, explained in his follow up statement today, ‘PSRs will provide the court with information about the offender; they are not an indication of sentence’.
Disproportionality in criminal justice is having a deeply harmful impact on Black, Asian, and Mixed Heritage communities and the pushback against this helpful step forward is deeply disappointing. These communities must not be left behind as reforms take place through the Sentencing Review and other legislative changes.
Racial identity is not a chess piece in the game of politics, and Government must begin to treat systemic racism in the justice system as a serious issue which requires serious changes to policy and legislation.
Author
Meka Beresford
Head of Policy