CPS sets out action plan to tackle racial disproportionality in charging decisions

At the heart of this will be a change to the Code for Crown Prosecutors – the guidance by which prosecutors make their decisions – which will be designed to eliminate racial bias in decision-making.

In addition, a new CPS and National Police Chiefs’ Council Race Disproportionality Board will be created, which allows for continuous check and challenge between prosecutors and police.

The action plan has been developed after research, commissioned by the CPS and overseen by an independent disproportionality advisory group, found that defendants from minority ethnic backgrounds were significantly more likely to be charged for a comparable offence than white British defendants.

This research builds on findings from an earlier study, published in February last year, which found evidence of disparity. The CPS said this latest research has sought to understand this in more detail and importantly identify the actions that can be taken to address it.

Director of Public Prosecutions, Stephen Parkinson, said: “The decisions we make as prosecutors have a profound impact on the lives of victims and defendants. It is vital we hold ourselves to the highest standards of accountability and transparency.

“As Director of Public Prosecutions, I am doing just that. For us to bring meaningful change we must scrutinise and challenge how we work, particularly our legal decision-making.

“We have undertaken a detailed and rigorous research programme, and it is apparent from the data that there have been racial disparities in our legal decision-making. This is clearly unacceptable, and I apologise, both personally and on behalf of the organisation. I deeply regret that this has occurred.

“Although the ultimate decision of guilt or innocence is for the courts, I am determined the CPS will eliminate any possible bias in our decision-making.

“Our systems and processes need to change to identify and tackle disparity and our ambitious action plan is an important step towards achieving this.”

He added: “I am grateful for the scrutiny of our independent advisers in overseeing the research and their check and challenge as we developed the action plan and, importantly, as we move ahead with delivering on this.”

Deputy Assistant Commissioner Dr Alison Heydari, programme director for the Police Race Action Plan, said: “The CPS has consistently shown its commitment to challenging any racial disparity in its work, which is something we in policing have also committed to through the Police Race Action Plan.

“A key theme to emerge from our conversations with Black communities is the need for us to work together with other agencies to tackle discrimination and make our services truly anti-racist.

“The CPS is leading the way in this area through this research as well as our proposals for a joint disproportionality board, where we will support and hold one another to account for delivering improvements.

“I am determined to work across policing and the wider criminal justice system, as well as with civil society groups and our communities, to deliver systemic and lasting change.”

In response to the research findings, several actions will be put in place, including:

• A change to the Code for Crown Prosecutors to make sure that identifying and addressing bias is considered by prosecutors before a charging decision is made; and
• The development and use of digital tools and learning, education, development and training to identify bias and support decision making.

The CPS will also improve how it works with other agencies to address racial bias within the criminal justice process.

There will be a Joint Enterprise Scrutiny Panel in every CPS area to provide feedback on decision-making and approach in cases which can disproportionately involve defendants from minoritised communities.

The plan will be implemented over a three-year period and the CPS says it will have “continual engagement” with stakeholders, including its independent Disproportionality Advisory Group (DAG).

The DAG said: “The research conducted by the CPS is rigorous and demonstrative of a conscientious attempt to understand the nature and scale of the problem.

“The framing of the outcomes from the research and the actions flowing from this are matters for the CPS leadership, and perhaps inevitably there may be some differences in the preferred approach.

“The DAG recognises that such differences are a natural part of its advisory role and reflect its responsibility to provide an independent perspective.

“Ultimately, the DAG is encouraged by the DPP’s commitment to addressing systemic issues and eliminating racial disparity in the future by improving organisational systems and processes.”

Chief executive officer of the Youth Justice Board (YJB), Stephanie Roberts-Bibby, said it was committed to tackling “persistent ethnic disparities within the youth justice system”.

“We therefore welcome the CPS’s important research and action plan, which reflects our shared ambition to eradicate racial over-representation,” she said.

“As part of our ongoing work, we are dedicated to ensuring that children, regardless of their background, receive fair and unbiased treatment.

“The YJB fully supports the CPS’s efforts to become an anti-racist organisation, and we look forward to continuing our collaboration to drive meaningful change in the youth justice sector.”