Executive Summary
This research investigated the extent to which ethnic minority defendants and witnesses in Crown and magistrates' courts perceived their treatment to have been unfair, whether any unfairness was attributed to racial bias, and how this affected their confidence in the criminal courts. Their experiences were compared with those of white defendants. The study also took into account the views of court staff, judges, magistrates and lawyers. Altogether, 1,252 people were interviewed in Manchester, Birmingham, and London and the proceedings in more than 500 cases were observed.
The Defendants' Perspective:
Most defendants had just been sentenced, many to imprisonment; very few had been acquitted. The sample probably over-represented the kind of defendant most likely to complain of unfairness or racial bias. The majority were interviewed by ethnic minority researchers. The defendants had several opportunities to express any concerns about racial bias. Thus, it is likely that the findings reflect 'a worst case scenario.'
Leaving aside complaints which turned out not to be directed at the courts (i.e. mainly at the police), the proportion who said their treatment had been unfair in court was about one third in the Crown Court and about a quarter in the magistrates' courts, with little difference between ethnic minority and white defendants (33% of black, 27% of Asian and 29% of white defendants).
When ethnic minority defendants were asked whether they thought their unfair treatment in court had anything to do with their ethnicity, a lower proportion said definitely 'YES': one in five of black defendants in the Crown Court and one in ten in the magistrates' courts, and one in eight Asian defendants in both types of court.
Most complaints about racial bias concerned sentences perceived to be more severe than those imposed on a similar white defendant. Very few perceived racial bias in the conduct or attitude of judges or magistrates - only 3% in the Crown Court and 1% in the magistrates' courts. There were no complaints about racist remarks from the bench.
There were variations between court areas in the proportion complaining of racial bias that were not related to the proportion sentenced to custody or the proportion of ethnic minority staff employed in the particular court.
The Witnesses' Perspective:
Sixteen per cent of witnesses in the Crown Court complained of unfair treatment, almost the same proportion amongst black, white and Asian witnesses. But none of the 68 ethnic minority witnesses complained of racial bias.
More complaints were made in the magistrates' courts but only 7% of the 41 ethnic minority witnesses perceived racial bias.
Issues of Confidence:
In the Crown Court, black (38%) and Asian defendants (34%) were as likely as white defendants (40%) to say they would not expect to be fairly treated next time they came to court. In the magistrates' courts, a higher proportion of black (39%) and Asian (35%) than white defendants (15%) said this.
However, only 7% of all black and Asian defendants in the Crown Court, and 9% in the magistrates' courts, believed they would be disadvantaged in the future because of their ethnic origin.
The Perspective of Informed Observers - Court Officials and Lawyers:
More white than Asian clerks and ushers (98% v 71%) and a similar proportion of white and Asian lawyers (69% & 63%) thought there was nowadays always equal treatment of ethnic minorities by the courts. But a much lower proportion of black lawyers (43%) and staff (28%) thought this.
A higher proportion of black (30%) than either white (13%) or Asian (11%) lawyers said they had personally witnessed incidents in court that they regarded as 'racist.'
The Judicial and Magisterial Perspective:
All the 26 judges and two-thirds of the 125 magistrates had received training in ethnic awareness. Only two judges and three magistrates said that it had 'added nothing' or been 'unhelpful.'
A Cultural Change?
This research suggests a substantial change for the better in perceptions of ethnic minorities of racial impartiality in the criminal courts. Several judges mentioned that attitudes had altered markedly in recent years and magistrates reported a substantial decline in the frequency of racially inappropriate remarks. Many lawyers also reported that racial bias or inappropriate language was becoming 'a thing of the past.'
These positive findings, taken together with the much lower than expected proportion of defendants complaining of racial bias, may be a reflection of both general social improvements in the treatment of ethnic minorities and the specific efforts begun by the Lord Chancellor's Department in the early 1990s to heighten the awareness of all involved in the system of the need to guard against racial bias.
What Still Needs to be Done?
Although this study has revealed that the perceptions of racial bias amongst ethnic minority persons who appear before the criminal courts appear to be less widely held than in the past, the findings should not lead to complacency. The fact that one in five black and one in eight Asian defendants definitely perceived racial bias in the Crown Court, and at least one in ten in the magistrates' courts, combined with the fact that black lawyers and staff were more likely to perceive racial bias than others, is sufficient cause to continue the efforts towards eliminating the vestiges of perceived unequal treatment.
Perceptions of racial bias, more frequently held by black defendants in the Crown Court, may well arise from a belief that the disproportionately large number of black people caught up by the criminal justice and prison systems must, at least to some extent, be a reflection of racism. Every effort therefore should be made when passing sentence to demonstrate and convince defendants that no element of racial stereotyping or bias has entered into the decision.
Among black defendants and lawyers in particular there was a belief that the authority and legitimacy of the courts, and confidence in them, would be strengthened if more personnel from ethnic minorities were seen to be playing a part in the administration of criminal justice. Indeed, in the Crown Court 31% of ethnic minority defendants, and in the magistrates' courts 48%, said they would like more people from ethnic minorities sitting in judgment and amongst the staff of the courts. Many judges agreed that more could be done to avoid the impression of the courts as 'white dominated institutions.'
The findings of this study may go some way to dispelling the view that most minority ethnic defendants believe that their treatment by the courts has been racially biased. But if it could be shown that the 'cultural change' which this study has identified has had a real impact on eliminating differential sentencing of white and ethnic minority defendants, this would further encourage the confidence of ethnic minorities in the criminal courts.