Race and the Criminal Justice System

Report: 12
Date: 9 January 2003
By: Clerk

Summary

Reports on key Government publications show significant differences in the treatment of white and minority ethnic communities in the criminal justice system. This report invites members to consider the actions that can be taken to monitor progress on the issues raised in the reports.

A. Recommendations

That members

1. Note the activities already being progressed to address the key issues raised by the reports. [Paragraphs 5 & 6]
2. Agree the actions outlined in paragraph 11.
3. requests the Human Resources Committee to submit a report to the Board on its overviewing of the MPS progress to meet the 2009 Dismantling Barriers targets on recruitment, retention and progression of minority ethnic staff and the actions that it has proposed to address this.

B. Supporting information

1. In November 2002, the Association of Police Authorities provided a sample of a model report which it proposed police authorities could use to bring regular reports to the Authority on the recent publications by the Government on race and the criminal justice system and Police and Criminal Evidence Act (PACE) statistics. This report follows the model suggested.

Government publications

2. The Government has published two reports:

1. “Race and the Criminal Justice System” published under Section 95 of the Criminal Justice Act 1991 (appendix 1) and
2. "Arrests and Notifiable Offences and the Operation of Certain Police Powers Under PACE” – Home Office Statistical Bulletin 12/2 (Appendix 2). Copies of the appendices are enclosed for members only.

These reports show significant differences in the treatment and experiences of white and minority ethnic communities throughout the criminal justice system, which, in the Government’s words, present a “worrying picture”. The Government will be setting up a new dedicated race and criminal justice cross-cutting team to identify the reasons for the differences in treatment between white and minority ethnic communities and to what extent this may be the result of discrimination.

3. The national findings in the report are summarised below:

• Minority ethnic communities are more likely to be victims of crime
• Minority ethnic communities are less likely to be satisfied with the police response rate
• Black people are eight times, and Asian people three times more likely to be stopped and searched by the police
• Minority ethnic people are more likely to be arrested
• Black people are less likely to be cautioned
• Minority ethnic communities are more likely to be remanded in custody but are more likely to be acquitted
• People from minority ethnic communities are under-represented in all grades in the police service
• Minority ethnic communities are more likely than the rest of the population to have confidence in the courts, judiciary, magistracy and probation, but less confidence than white people in the police service

4. The EODB and other committees have already made significant progress in monitoring the performance and progress of the MPS in a number of the above areas, and the regular management information considered by this Board does mean that there will be continuous monitoring on certain areas highlighted by the Government reports. Members may wish to schedule specific reports and themed meetings on certain areas where it is considered more detailed information is required. For example, areas such as disportionality in arrests and cautions could usefully be examined at the March meeting of the Board.

5. In addition to the performance and management information received, the Authority is either directly progressing the following discrete activities or are members of MPS working groups which are addressing some of the issues highlighted by the reports:

1. MPS Disportionality Working Group – this group, which is chaired by Cressida Dick and Lee Jasper of the GLA, has met twice and is currently reviewing data collection patterns and practices across the criminal justice agencies in order to examine disportionality issues. It is already emerging that a number of the agencies do not routinely collect data that monitors disprortionality.
2. MPS Stop and Search Working Group – the MPA is not represented on this internal group, however it is aware that some of the key issues are regularly considered.
3. MPS Internal and External Fair Practice Working Groups – an MPA officer attends the External Fair Practice group which is developing ‘health check indicators’ to monitor disportionality at borough levels in stop and search. The internal group has no MPA representation but has the key aim of addressing the internal issues of retention and progression.
4. MPA/MPS Recruitment Task Force – which is looking at ways in which the MPA and GLA can assist the MPS in innovative recruitment initiatives to increase the number of recruits from Black and minority ethnic communities to join the police service.

6. At its last meeting the Board agreed to undertake a scrutiny into the MPS practices and performance on stop and search, and this will be considered in detail in another report. This will be the first of the type of detailed reviews that may be needed in order to satisfy the Authority’s responsibility for ensuring the efficiency and effectiveness of the MPS with regard to issues of race and criminal justice.

Statutory Duties on the Authority and the MPS

7. Under the Race Relations (Amendment) Act 2000, both Police Authorities and the police service have a duty in carrying out their functions to have regard to the need to:

• Eliminate unlawful racial discrimination;
• Promote equality of opportunity; and
• Promote good relations between persons of different racial groups.

8. There is a specific duty on the Authority to assess the impact of its policies and practices and ensure that there is no unjustified impact on minority ethnic groups. The Authority must also satisfy itself that the force is assessing the impact of its policies and practices on different racial groups and monitor the MPS action to eliminate any unjustified and differential impact.

9. Detailed reports on the progress on the Race Equality Scheme are regularly reported to this Board, and detailed reports on the MPS progress on the impact assessment of its policies will be considered at the March meeting.

Progress against Dismantling Barriers - targets for 2009

10. The Human Resources Committee regularly considers reports on the MPS progress on these targets, and members could agree that any significant issues could be regularly reported to this Board by the Chair of the HR Committee, who is also a member of the EODB.

Actions for Co-ordinating Race and Equality Progress

11. It is evident that there is a range of activities that are already underway to progress action on the issues identified in the Government reports. It is proposed that the March Meeting of EODB be a themed meeting that will look, in detail, at the MPS progress and action on the eight key findings of the Government reports.

C. Equality and diversity implications

All of the issues addressed by this report address race equality. There are areas of learning that could be applied to the ways in which the Board may wish to set processes in place for regularly monitoring data, performance and practices on other equalities areas.

D. Financial implications

There are no financial implications associated with this report.

E. Background papers

None.

F. Contact details

Report author: Julia Smith, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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