{"id":3542,"date":"2026-01-21T12:12:39","date_gmt":"2026-01-21T12:12:39","guid":{"rendered":"https:\/\/mmuperu.co.uk\/bjcj\/?page_id=3542"},"modified":"2026-01-21T14:11:48","modified_gmt":"2026-01-21T14:11:48","slug":"what-must-be-done-to-address-racial-disproportionality-experienced-by-women-in-the-criminal-justice-system","status":"publish","type":"page","link":"https:\/\/mmuperu.co.uk\/bjcj\/what-must-be-done-to-address-racial-disproportionality-experienced-by-women-in-the-criminal-justice-system\/","title":{"rendered":"What must be done to address racial disproportionality experienced by women in the criminal justice system."},"content":{"rendered":"

Olivia Burgess, Hibiscus Initiatives<\/em><\/p>\n

The existence of racial disproportionality in the criminal justice system (CJS) should not be considered controversial. It is a documented, entrenched, evidenced problem, and its impact is profound. For those working in the criminal justice sector, the evidence is clear: urgent and systemic change is\u00a0required.<\/span>\u00a0<\/span><\/p>\n

Specialist organisations in the Women\u2019s Justice Reimagined (WJR) partnership, witness daily the compounding harms experienced by Black, Asian, minoritised and migrant women in the CJS. These women not only endure the injustices of the CJS itself, but also face the\u00a0additional\u00a0burdens of immigration enforcement, racial discrimination, and violence against women and girls (VAWG).\u00a0<\/span>\u00a0<\/span><\/p>\n

Their experiences reflect deep-rooted systemic racism, which manifests in over-policing, disproportionate surveillance, harsher sentencing, and reduced access to legal representation and support services. Too often, they are treated as offenders\u00a0first and foremost: criminalised, silenced, retraumatised, and denied protection.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n

We believe that wide-sweeping, radical and urgent change is needed throughout the CJS. In September 2025, we launched a briefing setting out our recommendations for the first steps needed to address racial disproportionality in the criminal justice system for women. We call on the government and the Women\u2019s Justice Board (WJB) to listen and to act.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n

The context of inequality<\/span><\/b>\u00a0<\/span>\u00a0<\/span><\/p>\n

The Ministry of Justice\u2019s (MoJ) Statistics on Ethnicity and the Criminal Justice System 2022 shows that Black and minoritised people are overrepresented at every stage: stop and search, arrests, prosecutions, convictions, remand, custodial sentencing, and imprisonment. While the MoJ does not provide disaggregated data, the report shows that Black and minoritised women were significantly more likely to be remanded in custody at both the magistrates and Crown Court, and women in Black, Asian, and \u2019other\u2019 ethnic groups received longer average custodial sentences than white women. In 2022-23, Black women were 1.4 times more likely to be arrested than white women.\u00a0<\/span>\u00a0<\/span><\/p>\n

This is in addition to the overall rise in the imprisonment of women. Since 2012, the average prison sentence length for women has risen from 14.5 months to 20.9 months. Between March 2023 and March 2024, the number of women in prison increased by 10%.\u00a0<\/span>\u00a0<\/span><\/p>\n

The MoJ acknowledges that\u00a0nearly 70%\u00a0of women in prison or under community supervision are victim\/survivors of VAWG. Yet the barriers to disclosure for Black, Asian, racially minoritised, and migrant women are acute. Fears of disbelief, destitution, and deportation mean that many\u00a0remain\u00a0silent. For those subject to immigration control, language\u00a0barriers\u00a0and lack of access to legal advice\u00a0exacerbate\u00a0their vulnerability.\u00a0<\/span>\u00a0<\/span><\/p>\n

Despite\u00a0clear evidence\u00a0linking women\u2019s convictions to experiences of abuse, whether through coercion, exploitation, or untreated trauma, the system continues to treat them solely as\u00a0offenders. This not only leads to over-criminalisation but also denies women the support they urgently need.\u00a0<\/span>\u00a0<\/span><\/p>\n

Racism is also prevalent inside prisons. Black and Asian women are significantly less likely than white women to report positive experiences in custody, with many describing\u00a0abuse\u00a0from staff or fellow prisoners. Over half of Black women report verbal abuse, intimidation, or assault by staff, while 81% of Asian women report victimisation from other prisoners, figures well above the average.\u00a0<\/span>\u00a0<\/span><\/p>\n

At every stage, the specific needs of racially minoritised and migrant women are overlooked. Cuts to community and crisis support services, alongside inadequate prison provision, mean that many leave custody with the same unmet needs they entered with (poverty, insecure housing, untreated trauma, and poor health) compounded by the stigma of a criminal record.\u00a0<\/span>\u00a0<\/span><\/p>\n

Although the government has committed to reducing the number of women in prison, its strategy has\u00a0largely failed\u00a0to account for racial disproportionality. For example, the Independent Sentencing Review focused on women in the CJS in general, without acknowledging the distinct, intersectional barriers faced by Black, Asian, racially minoritised, and migrant women.\u00a0<\/span>\u00a0<\/span><\/p>\n

This omission reflects a persistent problem: attempts at reform ignore how race, gender, and immigration status intersect to shape experiences of injustice. Without an explicit commitment to anti-racism, the structural inequalities underpinning disproportionality remain unchallenged.\u00a0<\/span>\u00a0<\/span><\/p>\n

What must be done<\/span><\/b>\u00a0<\/span>\u00a0<\/span><\/p>\n

Tackling racial disproportionality requires a deliberate, intersectional approach. This means embedding anti-racist practices and policies across the entire CJS. Specifically:\u00a0<\/span>\u00a0<\/span><\/p>\n