Crime Solicitors

Latest figures published by the Ministry of Justice (MoJ) show that in 2011-2012 black offenders were more likely than white offenders to receive jail terms – as well as longer jail terms.

The MoJ figures show that, whereas just 26% of white offenders received prison sentences, 31% of black and 32% of Asian offenders were jailed.

The Ministry of Justice has a policy of open data, and regularly publishes crime-related statistics online, including:

• quarterly publication of local re-offending rates;
• quarterly publication of how long cases take in criminal, civil or family courts; and
• how particular crimes were dealt with – and whether the offenders went to court.

The statistics relating to ethnicity breakdown in sentencing for 2009-2012 also show that, whereas white offenders or those from mixed backgrounds who are convicted are more likely to receive a community service order – for black, Asian and Chinese offenders, an immediate custodial sentence was more likely to be imposed.

White prisoners also spent an average of four months less in prison than black offenders – between 2009-2012, the average sentence for white offenders was 19.9 months, compared with 23.4 months on average for black offenders.

Labour Shadow Justice Secretary Sadiq Khan said:
“These figures confirm that your ethnic origin affects the type of sentence you get and how long you go to prison for – the government must take steps to fix this.”

Justice Minister Damian Green said that steps had already been taken to rectify sentencing inequalities – adding that statistics “only ever give us part of the picture”.

Ministers and voluntary and community groups met in October to discuss sentencing inequalities.

Mr Green said:

“This government is committed to making sure the criminal justice system is fair, inclusive and impartial – and represents and serves the whole community.

“It should work to promote equality and should not discriminate against anyone because of their race.”

Earlier in 2013, figures obtained by charity the Howard League for Penal Reform prompted criticism from the Magistrates’ Association, after data obtained suggested sentencing was “a postcode lottery”.

The statistics showed that those sentenced in the West Country were more likely to receive longer sentences from magistrates’ courts than offenders in other parts of England and Wales. The charity is calling for an end to sentencing anomalies across the country.

In Devon and Cornwall, 2011 figures show that magistrates handed down custodial sentences to 3.5% of those convicted – while in Avon and Somerset Magistrates imposed custodial sentences on 4% of those convicted.

The national average for custodial sentencing at magistrates’ courts is 3.8%, but in some counties such as Warwickshire fewer prison sentences are handed down (1.5% of convictions).
Northampton is a hotspot for custodial sentencing, however, with magistrates jailing 6.5% of convicted offenders.
Between 2001 and 2011, magistrates reduced custodial sentences by 25% overall, however.

Responding to the figures earlier this year, chief executive of the Howard League, Frances Crook, said:

“A court which imposes short prison sentences increases the likelihood of local people becoming victims of crime, because the failure rate is so high.

“Community sentences are much cheaper than custody and they deliver better results. They not only address a person's offending, but allow them to access other services they need, such as help with drink, drugs or mental health problems.”

Earlier this week, President of the Supreme Court, Lord Neuberger, provoked a backlash by saying that short prison sentences of three to six months interrupted people’s lives and jobs – although he advocated six-month terms for those convicted who need help with drug addiction or employment training.

Lord Neuberger also criticised shared prison cells, cheap furniture in cells, a low per capita spend on prison meals and “bossy notices” on prison walls, after he paid a visit to Holloway women’s prison earlier in 2013.

Some critics, however, have accused him of putting the prisoner’s point-of-view first, rather than the victim’s.

Duncan Lewis Criminal Solicitors

Duncan Lewis is a leading firm of criminal solicitors and can advise on all issues relating to criminal charges, including fraud, burglary and road traffic offences – as well as murder, rape and child abuse.

Duncan Lewis criminal lawyers are available 24/7 and can visit police stations, prisons and Magistrates’ Courts or Crown Courts.

We can advise you and help you protect your rights even before arrest – or advise on appeals against conviction or sentence.

Contact Duncan Lewis criminal lawyers on 020 7923 4020 – or call the Duncan Lewis Emergency Hotline on 0203 7275 2036.