Recommendation 13

HM Government Acknowledged

46. We accept that disproportionality in the criminal justice system is a concern, and that the picture is particularly stark when it comes children on remand. 47. The Committee highlights research that the YJB has commissioned into the drivers of ethnic disproportionality in remand and sentencing outcomes in the youth justice system. Following independent peer review by external academics, this research is currently in preparation for publication in line with Government Social Research guidelines. It is expected to be published. We will share a copy of the research findings with the Committee following publication. 48. The YJB aims to use this research to better understand why ethnic disproportionality occurs at the points children are remanded or sentenced, in order to ensure efforts to redress disproportionality are evidence-informed and appropriately focussed. The research also aims to assess the extent to which differences in these outcomes can be explained by differences in directly observable demographic- and offence-related factors and practitioner-assessed factors. These factors include, for example, age, offence type and severity, care history, and assessments of safety and wellbeing. 49. Even with this additional research, understanding what lies behind disproportionality is complex and involves factors outside of the remand process itself. The departmental review into the use of custodial remand for children is looking into these issues and will include some analysis of the drivers of remand and the characteristics of children remanded. More broadly, a number of initiatives across government and beyond are also aiming to understand those issues better and tackle over-representation in the justice system, as set out in response to recommendation 9 above. 50. In relation to unconscious bias in decision making, fair treatment and challenge of bias are embedded in the competence framework for magistrates. The Judicial College, which has responsibility for national magistrate training, has produced eLearning which is essential training for all magistrates, legal advisers and advisory committee members on awareness of unconscious bias in decision-making and how to mitigate this. Building on this, fair treatment and challenge of bias are also embedded in the appraisal system and other core training. 51. In addition to this, the Ministry of Justice has worked closely with the Magistrates Association to understand sentencing outcomes for children from BAME backgrounds. The Magistrates Association has undertaken work to embed addressing disproportionality across policy work and in the training and development of their members, including resources for magistrates to ensure fair decision-making and challenge of prejudice or bias. 52. Aside from the provision for magistrates, District Judges (Magistrates’ Court) and Circuit Judges who hear youth cases can also benefit from training in cognitive bias being a pervasive theme that the Judicial College increasingly weaves into all induction, continuation and cross-jurisdictional face-to-face and digital training, and which is supported by the resources available to all judicial office-holders on the College’s Learning Management System. A new edition of The Equal Treatment Bench Book, a document that is written and owned by a group of judges drawn from both Courts and Tribunals and which covers issues relating to fair and equitable treatment in Court, and which is a resource for all judicial office-holders, will be published shortly. A version of The Equal Treatment Bench Book is publicly available on the judiciary website. 53. We are aware that, especially in the context of workplace equality, recent evidence of isolated unconscious bias training has not shown a long-term behaviour change. In the context of efforts to avoid bias in decision making within the justice system, both Government (and, no doubt, its independent partners) will continue to assess the most effective resources and approaches to support those working in the justice system to make fair and high-quality decisions.