Assessment Solutions :Citation of Legal Authorities 210LEGEL

RUNNING HEAD: CRIMINAL LAW 0
LAW AND PRACTICE
CRIMINAL LAW 1
Contents
Introduction ………………………….. ….. …

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RUNNING HEAD: CRIMINAL LAW 0
LAW AND PRACTICE
CRIMINAL LAW 1
Contents
Introduction ………………………….. ………………………….. ………………………….. ………………………….. ………… 2
Discrimination with BAME in the criminal justice system of the UK ………………………….. …………………. 3
Reasons for bias or disparity in the sentencing or the criminal justice system of the country ………….. 4
Suggested ways by Lammy to improve this situation ………………………….. ………………………….. …………. 5
Government progress in tackling racial disparity situation with BAME people including after 2017
Lammy review ………………………….. ………………………….. ………………………….. ………………………….. ……… 7
Conclusion ………………………….. ………………………….. ………………………….. ………………………….. …………… 9
Appendix ………………………….. ………………………….. ………………………….. ………………………….. …………….. 9
References ………………………….. ………………………….. ………………………….. ………………………….. ………… 10
Journals/Articles ………………………….. ………………………….. ………………………….. …………………………. 10
Others ………………………….. ………………………….. ………………………….. ………………………….. …………… 10
CRIMINAL LAW 2
Introduction
Criminal justice system in the United Kingdom’s is considered to be an established body with
the responsibility to administer justice for the people of the country. Institutions which are
considered to the be the part of this established body are police, courts, the Crown
Prosecution Service, and the country’s prison system. Police personnel, for example, are
responsible for maintaining law and order in the society by safeguarding the interest of the
general public and protection of their property, prevention of crime, reduce the crime far in
the people, and increasing the quality of life for all inhabitants. In addition, the courts can
resolve disputes over legal righ ts and duties. Finally, when a crime is committed against an
individual, the most common method of punishing that individual is to send that person to
prison. 1 However, the role of the country’s criminal justice system is to treat all people
equally and to bring justice to them by finding and punishing the guilty, assisting them in
stopping offending and removing crime from society. However, it has been observed that the
sentencing system, which is part of the criminal justice system, discriminates against black,
Asian, and minority persons (BAME). In terms of the criminal justice system, disparity refers
to a scenario in which some people are treated unfairly, their dignity is violated, and their
cases are overrepresented in court in comparison to those who do not belong to their racial or
ethnic group. This disparity with BAME is known as racial disparity, which refers to racial
discrimination. The racial disparity occurs when the proportion of a racial or ethnic group
under the authority of the system is g reater than the proportion of such groups in the general
population. This disparity is considered an absolute rejection of the principle of equal justice
and most importantly destroying the country’s criminal justice system’s purpose. 2 This must
be avoided by the government developing appropriate initiatives to defend the fundamental
rights of these BAME people. As a result, this report will discuss the bias of the country’s
criminal justice system, particularly in the sentencing system, as well as ideas to reform this
discriminatory system and an update on the government’s progress in addressing disparities,
including progress in response to the independent Lammy Review of 2017.
1 D. Clark, ‘Topic: Criminal Justice System In The UK’ (2022) accessed 2022. 2 ‘Racial Disparity In The Criminal Justice System’ ( Sentencingproject.org , 2021)
accessed 2022.
CRIMINAL LAW 3
Discrimination with BAME in the criminal justice system of the UK
David Lammy recently filed a highly scathing study in which he claims that the ratio of
BAME individuals imprisoned is nine times higher than white people or people belonging to
other racist groups. However, this data or statistics is more worrying because the rate of
imprisonment of these persons has climbed in recent years, from 25% in 2006 to 41%
currently. In terms of drug -related crime, it was discovered that BAME people were 240 per
cent more likely than white criminals to be sentenced to prison. According to Lam my’s
findings, black, Asian, and other minority ethnic groups are prosecuted more frequently and
receive harsher punishments than people who are not from these backgrounds. 3 In cases of
assault and domestic abuse, the percentage of prosecution and imprison ment of BAME
people is similarly high, regardless of whether they committed the crime or not. And they’ve
just handed down the punishment based on ethnic grounds. “BAME individuals still confront
bias – including overt discrimination – in elements of the c ourt system,” Mr Lammy wrote in
his report. According to the analysis, the disproportionate number of young BAME offenders
in the criminal justice system is a waste of government spending, costing the taxpayer £309
million every year. So, because of this d isparity, the loss is not happening only to these
BAME people, but the government is losing money by having to keep these people in prison.
Mr Lammy also noted in his study that the proportion of young BAME people who
committed their first crime jumped fro m 11% in 2006 to 19% in 2017. 4 Furthermore, the
survey discovered that black defendants are less likely than white defendants to plead “not
guilty,” which would result in a lesser sentence. Between 2006 and 2014, 41 per cent of black
defendants in Crown Co urts in England and Wales pleaded “not guilty,” compared to 31 per
cent of white defendants. It means there is no respect for the idea of equal opportunity to be
heard, which applies to both parties to a conflict. 5
Apart from that, these BAME people are subjected to sentencing prejudice. When compared
to white people in the country, their sentence ratio is far higher. There is no equity principle
used here, and the court system has become complicit in the corruption by punishing BAME
3 Baber Yasin, ‘Ethnicity A nd The Criminal Justice System: What Does Recent Data Say On Over –
Representation?’ (2020) accessed 2022. 4 ‘Criminal Justice System Statistics – Institute Of Race Relations’ ( Institute of Race Relations , 2021)
accessed 2022. 5 ‘The Lammy Review’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022.
CRIMINAL LAW 4
persons for crimes th ey did not commit. Furthermore, they are treated harshly during their
sentences, which implies that they are compelled to perform hard labour in prison in
comparison to white people. They are also tortured and subjected to cruel treatment in prison,
both f rom the jail administration and from the other inmates. This is because the jail
authorities encourage racism and do not promote the concept of equality. And there’s a good
likelihood that BAME persons will face significant disparities since the monitoring
authorities who are supposed to verify that the prison system’s administration is fair are not
doing their jobs honestly. 6
Reasons for bias or disparity in the sentencing or the criminal justice
system of the country
After studying the position of thes e BAME people in the criminal justice system or the
country’s sentencing system, it is clear that there are a variety of reasons for the
discrimination against these people. To begin with, discrimination against these race
individuals has existed for a lon g time, so when the police began to search criminal records,
they found that the majority of the data came from BAME people who were involved in
illegal activities. Because the interests of these people were not addressed previously, and
also in the presen t time the police, who can preserve law and order in the society, are now
relying on previous records and taking action against them. 7 Finally, persons involved in the
criminal justice system do not want to make attempts to uncover changes in the current
situation, preferring to stick to records without questioning whether the data was correct or
not, or whether people had to deal with d isparities earlier. And the scenario does not end
there; when the matter reaches the court for trial, the judges use the same method as they did
in the previous case where they had punished these BAME people. It signifies that the people
in the system adop t the radical theory, which holds that only BAME people are responsible
for committing a crime and for the increase in crime in society, regardless of the surrounding
factors. And this is where the concept of natural justice or equality comes to an end. 8
6 Lawrence Sherman, Peter William Neyroud and Eleanor Neyroud, ‘The Cambridge Crime Harm Index:
Measuring Total Harm From Crime Based On Sentencing Guidelines’ ( 2016) 10 Policing. 7 ‘Mend.Org.Uk’ ( The UK’s Criminal Justice System has a problem with racism – it’s time to take action , 2020)
accessed 2022. 8 ‘Racial Disparity In The Criminal Justice System’ ( Sentencingproject.org , 2021)
accessed 2022.
CRIMINAL LAW 5
Furthermore, discrimination against BAME individuals is a result of a problem with the law’s
effective execution. Although the law states that no one should be discriminated against
because of their race, the court is responsible for enforcing that rule, a nd those in the
judiciary are operating in a corruptive manner because those in the system do not recognise
the importance of BAME persons in society. As a result, individuals experience
discrimination in society as well as a lack of access to the fundamen tal necessities of life.
And this imbalance contributes to the country’s high crime rates since these people
understand that whether they commit a crime or not, they will be punished. As a result, when
their sentencing period ends, BAME people turn to crim inal activity to meet their
requirements, because they are marginalised in society owing to discrimination in the
criminal justice system, which drives them to commit the crime. 9
And, as previously said, the lack of an adequate monitoring system in place to ensure that the
law is being implemented in the manner intended by the law is also a contributing factor.
However, due to a lack of oversight, these individuals in the system are aware that no one is
checking their work, and therefore the inequality in the criminal justice system with BAME
people persists.
Suggested ways by Lammy to improve this situation
After considering the root causes of the system’s disparity or bias against BAME people, it
can be stated that this disparity can only be eliminated w hen system users recognise that
BAME people have the same value as white people in society and that they have
constitutional rights that should be respected by others. And, like the rest of society, they
have the right to live a dignified life in society, and it is the criminal justice system’s job to
protect that dignity. And, to comprehend this, the government must implement effective
awareness programmes for the benefit of persons involved in the criminal justice system, as
well as for the benefit of BAM E people. Not only that but a higher -level commitment must
be created to ensure that the work is completed as required. So, these are some general
9 ‘Mend.Org.Uk’ ( The UK’s Criminal Justice System has a problem with racism – it’s time to take action , 2020)
accessed 2022.
CRIMINAL LAW 6
recommendations for improving the position of BAME individuals in the country’s criminal
justice system. 10
Ap art from those, Lammy has made several other recommendations based on his
investigation of the country’s criminal justice system’s biased treatment of BAME persons.
Mr Lammy proposes a set of measures to address systemic discrimination in the criminal
just ice system, which he sees as a problem. The report made a total of 30 recommendations
on how to deal with racial concerns in the legal system. When charging judgments are made,
the study recommends that suspects’ identities and ethnicity be hidden. Further more, a
deferred prosecution system should be formed, arguing for the more extensive use of rehab
programs in which offenders can address their offending behaviour and work toward
transformation. Judges should exercise their discretion in determining wheth er an offender
has been sufficiently rehabilitated, and charges for “low -harm offences” should be
withdrawn. He has also proposed a remedy, claiming that there are currently multiple existing
inquiries into the racial inequities that continue in our societ y, and that rather than initiating
yet another review, the government would be better served by acting on the suggestions
already made. 11 He also suggests that the UK adopt the German practice of examining the
maturity of younger criminals rather than an in flexible 18 -year -old age gap. This enables
diverse methods of prosecution and sentencing to be used. He also suggests adopting a
Massachusetts -style approach, in which criminal records can be wiped if offenders can show
they have changed their ways. All of these programmes are excellent and demonstrate how
beneficial a delicate and informed approach can be for the greater good of society. Lammy
also made some additional recommendations, including the creation of a coordination system
in which the courts col laborate with the majesty courts and tribunal services to obtain online
input on the judges’ work and how they handle cases. 12 To ensure that the system is
transparent, all sentencing statements from the crown court must be in writing. He has also
emphasise d the importance of the open justice system, which allows people to see penalties
for individual offences at individual courts, broken down by demographic factors like as
gender and ethnicity. There must be a means to assess how the information connected t o the
10 ‘Racial Disparity In The Criminal Justice System’ ( Sentencingproject.org , 2021)
accessed 2022. 11 ‘The Lammy Review’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022. 12 Liz Fekete, ‘Lammy Review: Without Racial J ustice, Can There Be Trust?’ (2017) 59 Race & Class.
CRIMINAL LAW 7
evidence has been obtained, stored, and disseminated in trial cases when BAME people are
one of the parties. So that there would be fewer opportunities to exploit that informant against
BAME people’s interests. So, these are some of Lammy’s key recom mendations for
improving the status of BAME persons in the criminal justice system of the country and
providing them with a life that is full of respect and dignity in society. 13
Government progress in tackling racial disparity situation with BAME
people including after 2017 Lammy review
After considering the problem of discrepancy with BAME people at a time when this issue
has become a contentious issue among the country’s citizens, the government has responded
positively. The government has attempted to rectify the situation. As the country’s
government believes that every individual in the society should have equal rights and that no
one should be treated unfairly because of their race or ethnicity. That was also the Prime
Minister’s objective on the ste ps of Downing Street in July 2016, and it has remained the
government’s purpose to address social injustices ever since. However, because this goal is
difficult to fulfil, the government released its first race disparity audit in October 2017, which
perfor med examination and provided data on how people which have come from different
backgrounds are treated in many areas, including the criminal justice system. 14
Furthermore, after studying the Lammy report on the subject of disparities in the criminal
justice system affecting BAME individuals, they are taking Lanny’s recommendations
seriously. In addition, they analysed the surrounding conditions and gathered all relevant data
to determine the seriousness of the problem. The government is attempting thr ee goals in
response to the Lammy review: first, to create a paper that outlines what the government
should do in response to each proposal. 15 Second, the administration seeks to communicate
its desire to create a fairer and more just society for all stakeh olders, both domestically and
13 ‘The Lammy Review’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022. 14 ‘Government Response To The Lammy Review On The Treatment Of, And Outcomes For, Black, Asian And
Minority Ethnic Individuals In The Criminal Justice System’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022. 15 ‘Tackling Racial Disparity In The Criminal Justice System: 2020 Update’ ( Assets.publishing.service.gov.uk ,
2020)
accessed 2022.
CRIMINAL LAW 8
outside. The government’s response to the Lammy Review, as well as the work of the Race
Disparity Audit as a whole, gives this issue the energy and attention it deserves as a
mainstream issue. Finally, the government decided t o define how we hold ourselves and
others accountable. As a result, the government has responded positively and completely
backed the growth of the criminal justice system to benefit BAME people as well. Also,
efforts to promote equality in the criminal ju stice system have begun. 16
In addition, the government has made certain initiatives to address the disparities in the
criminal justice system that affect BAME persons. To begin, the Ministry of Justice is
preparing advice for police officers on how to prop erly support racial and ethnic minorities
through the victim support programmes they commission in their communities. Furthermore,
the government intended to supervise the work of the legal authorities, as well as the methods
adopted by the government rela ting to the reporting process of work involving BAME
victims. 17 The information and case studies that focus on understanding BAME victims,
delivering culturally competent services that include the cultural views, behaviour patterns,
and necessitates of vari ous service users, and increasing awareness of victim’s services
among racial and ethnic minorities are included in the guidance provided by the government
to police and other authorities in the criminal justice system to support BAME victims. The
goal of this government plan is to not only eliminate systemic discrimination against BAME
individuals but also to improve the experience of BAME victims by offering high -quality
service that takes into account their unique needs and experiences. These government
measures will take time to enhance the country’s criminal justice system because
discrimination against BAME individuals is still present, but these actions will undoubtedly
work and justice will be provided to BAME people. 18
16 ‘Government Response To The Lammy Review On The Treatment Of, And Outcomes For, Black, Asian And
Minority Ethnic Individuals In The Criminal Justice System’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022. 17 ‘Tackling Racial Disparity In The Criminal Justice System: 2020 Update’ ( Assets.publishing.service.gov.uk ,
2020)
accessed 2022. 18 Heather Stewart, ‘UK Government To Scrap „BAME‟ In Response To Race Inquiry’ (2022)
accessed 2022.
CRIMINAL LAW 9
Conclusion
As a result of the discussion, it can be concluded that the criminal justice system is an
important aspect of the country since it is vital for the protection of citizens’ fundamental
rights and to provide justice to them whenever criminal offences are don e against their
interests. However, to receive the full benefits of the criminal justice system, it must operate
fairly, taking into account the interests of all citizens of the country, regardless of race or
ethnicity. However, this is not the case becaus e BAME pe ople in the country are
discriminated against at every stage of the criminal justice system. And this has become a
major issue in the country because BAME people’s health is suffering as a result of systemic
discrimination, which causes them worry and anxiety, which is harmful to their mental
health. Discrimination also violates their fundamental rights, preventing them from exercising
their rights to a fair trial, access to justice, freedom of expression, and independence.
Furthermore, this situat ion is not beneficial to the country’s criminal justice system because
the disparity in the system creates a situation of lack of trust among BAME people; thus, if
anyone in the criminal justice system works for the benefit of these people, it will not wor k
because trust must be rebuilt over time. Furthermore, this prejudice is bad for the criminal
justice system’s authorities because the government is working to remedy the issue, and if the
situation becomes known, the people implicated will be held liable . But here the efforts by
the government to improve the situation will not work overnight, and constant monitoring of
the government policy will be required to ensure its effective execution. As a result, it can be
stated that there is a racial imbalance i n the criminal justice system, which can only be
rectified if work is done with a strategic approach. Only then can justice be available to the
country’s BAME citizens.
Appendix
Research Diary
Date What you did? What did you find? Useful?
16.5.2022 Internet search:
Google – “The Criminal
Justice System, the BAME
1. 2 journal articles
2. 2 Statistics
1. Yes
2. yes
CRIMINAL LAW 10
and Sentencing Practice:
Need for Reform”
(websites) of related
to disparity in
criminal justice
system
3. Other article
websites
3. Yes
References
Journals/Articles
Fekete L, ‘Lammy Review: Without Racial Justice, Can There Be Trust?’ (2017) 59 Race
& Class
Sherman L, Neyroud P, and Neyroud E, ‘The Cambridge Crime Harm Index: Measuring
Total Harm From Crime Based On Sentencing Guidelines’ (2016) 10 Policing
Others
Clark D, ‘Topic: Criminal Justice System In The UK’ (2022)
accessed 2022
‘Criminal Justice System Statistics – Institute Of Race Relations’ ( Institute of Race Relations ,
2021) accessed 2022
‘Government Response To The Lammy Review On The Treatment Of, And Outcomes For,
Black, Asian And Minority Ethnic Individuals In The Criminal Justice S ystem’
(Assets.publishing.service.gov.uk , 2021)
accessed 2022
‘Mend.Org.Uk’ ( The UK’s Criminal Justice System has a problem with racism – it’s time to
take action , 2020) accessed 2022
‘Racial Disparity In The Criminal Justice System’ ( Sentencingproject.org , 2021)
accessed
2022
Stewart H, ‘UK Government To Scrap „BAME‟ In Response To Race Inquiry’ (2 022)
accessed 2022
‘Tackling Racial Disparity In The Criminal Justice System: 2020 Update’
(Assets.publishing.service.gov.uk , 2020)
accessed 2022
CRIMINAL LAW 11
‘The Lammy Review’ ( Assets.publishing.service.gov.uk , 2021)
accessed 2022
Yasin B, ‘Ethnicity And The Criminal Justice System: What Does Recent Data Say On Over –
Representation?’ (2020) accessed 2022

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