Why is there an Over-representation of Black, Asian, and Minorities Ethnic (BAME) in the Criminal Justice System?

27 April 2023

The Equality Act 2010 was first introduced as anti-discrimination legislation to protect characteristics (such as race, religion, or beliefs). However, the disproportionate statistics raise important questions about how these characteristics are being protected. 
According to the Ministry of Justice “People from a Black, Asian, Mixed or Chinese and other background were over-represented as defendants in the criminal justice system in 2019”. This is largely because BAME individuals “make up a disproportionate share of the arrests”. Figures as far back as 2019 from the Ministry of Justice show that 23% of people prosecuted were from a BAME background and BAME defendants were over-represented in prosecutions for robbery (39%), drug offences (39%), and possession of weapons (31%).

In 2019, David Lammy claimed that the treatment of BAME individuals had become “considerably worse” after conducting a review into the issue the previous year. There is evidence that discrimination against ethnic minorities exists in various stages of the criminal justice system, from stop and search, arrest, remand, at court, and with imprisonment.

In 2020, the Judicial Conduct Investigations Office carried out a survey and found that racial discrimination by judges was directed towards BAME individuals. Furthermore, the National Statistics show that in 2020, “40% of white defendants were remanded in custody compared to 51% of Chinese or Other, and 49% of Black defendants”. In short, BAME individuals are more likely to experience harsher punishments at Crown Court.
Building on that point, the National Statistics found that from 2020-2021, “just over half (53%) of adults arrested in London were from BAME backgrounds, in contrast to 15% of adults arrested in England and Wales”.

This expanded and in 2022 the Guardian claimed that the “likelihood that a prisoner held on remand is from a black or minority ethnic background has increased by 17% over six years”. The trend shows that the proportion of these ethnic groups in the criminal justice system has been increasing.  They also commented that “the proportion of Black and minority ethnic people in the total remand population was 29% at the end of September 2015, rising to 31% at the end of September 2019”. By 2019, the figures of BAME individuals in the criminal justice system increased by 2%.

The Metro found in 2023, that Defendants from BAME backgrounds are more likely to be sent to Crown Court for trial (the venue for more serious criminal trials to be heard) and to be remanded in custody when they appear, than white British individuals. BAME individuals experience higher conviction rates and receive harsher prison sentences.

Recently, the Crown Prosecution Service (CPS) has found that “the three highest charge rates were among mixed ethnicities”. Therefore, people from a BAME background are subject to unfair, and discriminatory treatment in the criminal justice system, from the early stages of arrest and charge right through to trial.

What do all these stats show and how can the issues they raise be addressed? A key element here is to raise awareness about the historical over-representation of people from BAME backgrounds in the criminal justice system and its continuation even in to the 21st century.

• First, increasing community engagement with communities from BAME backgrounds can help to promote social inclusion and reduce the risk of offending. This can involve working with community groups to develop local solutions to issues such as crime.
• Second, it is important to increase the representation of people from BAME backgrounds in the police force and those who work within the whole criminal justice system. In December 2020, only 7.5% of police officers in England and Wales were from a BAME background.
• Third, it is imperative to hold cross sector and multi-disciplinary education and training events for those working in the system, addressing why people BAME backgrounds are more likely to be in the criminal justice system. This over time should result in an understanding of the issues, and therefore an ability to address those issues to redress injustices and inequalities.

Finally, to address the over-representation of BAME in the criminal justice system there is a need for systemic changes, including more diverse representation in the judiciary and legal profession, better training for law enforcement officers, and addressing structural inequalities such as poverty and educational disadvantage. There are several solutions that are currently being used to reduce the over-representation of BAME individuals in the criminal justice system such as diversion programs which provide community service, drug and alcohol treatment to provide low level offenders with alternatives to prison or jail; sentencing guidelines to ensure that judges take into account systematic racism and bias when sentencing BAME; and community courts that can offer alternatives to traditional court proceedings and can help build trust between BAME communities and the criminal justice system.

By Emmanuel Jibona
First year Law (LLB) student at Queen Mary University of London

• Equality Act 2010 (legislation.gov.uk)
• Ethnicity and the criminal justice system: What does recent data say on over-representation? (House of Commons Library)
• David Lammy says treatment of Bame groups in criminal justice system has got 'considerably worse' since his review (Independent)
• Judiciary in England and Wales ‘institutionally racist’, says report (The Guardian)
• Ethnicity and the Criminal Justice System, 2020 (UK Ministry of Justice)
• Proportion of remand prisoners who are minority ethnic rises 17% in six years (The Guardian)
• Minority ethnic groups ‘still dealt with more harshly at courts’ new research finds (Metro)
• Defendants of colour more likely to be charged than white people, finds CPS study (The Guardian)
• Police officer uplift, England and Wales, quarterly update to 31 December 2020 - GOV.UK (www.gov.uk)