We, a coalition of voluntary criminal justice sector organisations, believe that the government’s legislative proposals under the Police, Crime, Sentencing and Courts bill (PCSC) will further entrench racial disparities and continue to reduce public trust and confidence in the criminal justice system.

We are calling upon the government to withdraw clauses 60, 77(2)(b), 86(2)(b), 100-110 and 139-140 from the PCSC Bill and properly consult on its proposals, so that the views of those who will be most directly affected can be sought, in particular to avoid discriminating against Black, Asian and minority ethnic (BAME) and Gypsy, Roma, Traveller communities, and further entrenching racial disparities.

Background

In September 2020 the UK government published, ‘A Smarter Approach to Sentencing’, a white paper which set out proposals for sentencing in the criminal courts. No formal public consultation was carried out before the sentencing white paper was published.

In drafting white papers, the government must pay due regard to its Public Sector Equality Duty (PSED) under section 149 of the Equality Act 2010 which places a legal duty on public bodies to eliminate discrimination, advance equality of opportunity and foster good relations between those who share a protected characteristic and those who do not.

The government published its equality impact assessment (EIA) (which documents how the government have considered the duty) and an overarching equality statement alongside the white paper, in which they accept that the proposals would further increase racial disparity, but justifies this approach as a ‘proportionate means of achieving a legitimate aim of protecting the public’ despite acknowledging that there is no evidence that these measures will impact on public safety.

Why is this important?

We do not accept that the legal duty to eliminate discrimination under the PSED has been met and we call upon the government to withdraw the bill so that the risks presented by it can be mitigated to avoid the unnecessary discrimination likely to be experienced by Black, Asian and minority ethnic communities.

Whilst we are concerned about the PCSC bill, racial disparities exist across the criminal justice system from policing to probation and these issues should not be considered in silos. The cumulative impact of recent policy and legislative changes on BAME communities must be considered, particularly in light of the Commission on Race and Ethnic Disparities, where the failure to acknowledge and mitigate the negative experiences of Black, Asian and minority ethnic communities have exacerbated feelings of mistrust.

What now?

We are calling for the government to withdraw relevant clauses from the Police, Crime, Sentencing and Courts Bill and consult with Black, Asian and minority ethnic groups, voluntary sector organisations and other interested parties. The government should then make the necessary changes to avoid further discrimination.

Further information on the PCSC bill and our specific concerns can be found here.

We previously set out our concerns about specific elements of the White paper which preceded the bill. You can read the formal response here.

You can also view the open letter we sent to the Prime Minister Boris Johnson here.

EQUAL, Criminal Justice Alliance, Clinks, Prison Reform Trust, Alliance for Youth Justice, Agenda: the alliance for women and girls at risk, Zahid Mubarek Trust, Barrow Cadbury Trust, The Transition to Adulthood Alliance