Meka Beresford, Head of Policy, Action for Race Equality  

 

Racial disparities in the criminal legal system is an incredibly well documented issue. From the Scarman report in 19811, to the Macpherson Report in 19992, and the Lammy Review in 20173, we have spent decades naming the issue of racism, racial discrimination, and institutionally racist policy and practice as a driving force behind inequitable treatment across the legal system.  

 

In 2020, we saw a fresh push to end these disparities once and for all, largely spurred on by the murder of George Floyd and the great success of the Black Lives Matter movement4. Several strategies, programmes, and plans aimed at tackling racial discrimination were published across different arms of the criminal legal system in light of these events. However, the commitment to solve an issue that deeply harms Black, Asian, and Mixed Heritage communities soon faded into obscurity, and much of the work to dismantle systemic racism has drowned in bureaucratic processes, surmounting in nothing more than an extensive public relations activity. Rather, racial disparities in the criminal legal system have continued, and in some instances, they have worsened5. 

 

Action for Race Equality recognise that a multi-part approach is required to tackle disproportionality in the criminal legal system. Crucially, dedicated action plans and strategies are still needed, but there also needs to be a more extensive embedding of anti-racist action across all justice policy change. The Sentencing Review6 provided a distinctly unique opportunity to do just that. 

 

Racial Disparities in Sentencing
 

In 2023, Dr Kitty Lymperopoulou published one of the most comprehensive studies of the extent and drivers of ethnic disparities in sentencing, examining linked data from the MoJ Data First programme7.  

 

The research, which was supported by Action for Race Equality8 and Clinks9, found that legally relevant factors, such as plea, pre-trial detention, and offence type and severity do not explain fully explain disparities in remand and sentencing outcomes between ethnic minority groups and the White British group, indicating that racial discrimination and bias are likely creating disparate outcomes.  

 

The research also found that defendants from most ethnic minority groups are more likely to be sent to Crown Court for trial, more likely to plead not guilty, and more likely to be remanded in custody when they appear in the Crown Court than the White British group.  
 

The Sentencing Review 
 

Despite the strength of the evidence by Dr Lymperopoulou10, and the case made by many organisations including Action for Race Equality11 about the need for the Sentencing Review to consider racial disparities, the expert panel decided to exclude racial disparities from its final report explaining that “in accordance with its Terms of Reference, the Review has not considered these disparities in detail”.  Rather, the chair called for a bespoke review which would consider racial disparities in sentencing.  

 

The Terms of Reference12 did not explicitly exclude consideration of racial disparities from the Review’s remit. However, it did seek to consider “whether the sentencing framework should be amended to take into account the specific needs or vulnerabilities of specific cohorts”.   

 

Black and ethnic minority people are being systematically sentenced more harshly than their white counterparts13 due to discriminatory sentencing. In ARE’s view, this should be considered a ‘specific vulnerability’.   

 

By failing to examine racial disparities in sentencing, the Review has missed a moment to drive transformative change and rebuild public trust. Disparities in the justice system are already well documented. Successive reviews have identified institutional racism as an urgent and persistent problem and yet change has not occurred.    

 

A ‘bespoke’ review, as suggested by the Chair, risks reproducing the fragmentation that has long undermined meaningful progress on race equality within the justice system. 

 

The pathway to change  

We are confident that the system is aware of how and why institutional racism continues to persist, and past reviews have laid out clear evidence and recommendations. We believe that there are several key factors hindering the pathway to change.  

Firstly, and most crucially, is political will. Over the past 18 months we have seen racist rhetoric become commonplace in the UK, and successive governments have deprioritised racial equality within justice reform14. Without genuine political commitment at the highest levels, institutional racism will continue to be managed as a reputational risk rather than confronted as a systemic harm. Leaders must commit to a clear programme of action that embeds racial equity as a core principle of justice policy. 

Secondly, stronger legislation is needed. This year marks 60 years since the first Race Relations Act was introduced. While these early statutes were groundbreaking, they have not kept pace with the complex and institutional forms of racism that persist today. Current equality law lacks the enforcement power, accountability mechanisms, and resourcing required to drive real change across criminal justice agencies15. Legislative reform must set binding duties on institutions to identify, prevent and remedy racial disparities in outcomes. 

Thirdly, inconsistent data collection continues to obscure the scale of the problem. The failure to consistently record ethnicity data using standardised categories across agencies, and to make this data publicly available, undermines transparency and accountability. A unified framework for data collection and publication, applied across all stages of the criminal process, is essential to evidencing16 and addressing racial injustice. 

Finally, tackling institutional racism demands a dedicated strategy and clear lines of responsibility. This includes cross-government coordination, independent oversight, and properly funded implementation. Responsibility must not be diffused across departments or reviews but owned collectively and driven by measurable outcomes. 

Ending institutional racism in the criminal legal system is not a question of evidence but of action. The tools, knowledge, and moral imperative already exist. What is required now is the courage and commitment to deliver lasting structural change. 

 

Contact: Meka@actionforraceequality.org.uk