UK Edition
CPS should not be told suspects' names to ensure 'race-blind' prosecutions, says landmark review
Criminal suspects could have their identities concealed from the Crown Prosecution Service to ensure that they are not discriminated against when the decision whether to prosecute is made, under plans set out in a landmark review.
Under the proposals, any information which could identify an individual, including their name, would be redacted from case files to ensure the CPS made “race-blind” decisions.
It is hoped such a move would help ensure the criminal justice system treats all races and ethnicities the same amid concerns that some groups have higher prosecution rates for certain serious offences than others.
Meanwhile, ministers have also been urged to consider introducing a “deferred prosecution” system to allow offenders to seek help to get them back on the straight and narrow instead of entering a plea and going through the courts.
The measures are set out in the Lammy Review, chaired by the Labour MP David Lammy, which examines the way in which the justice system treats individuals from black, Asian and minority ethnic (BAME) backgrounds.
The publication of the review comes just over a year after Theresa May launched an audit of public services with the aim of revealing the different ways in which people from different backgrounds are treated.
David Lidington, the Justice Secretary, said the Government will “look very carefully” at the review’s recommendations “before responding fully” with the Prime Minister’s audit to be published next month.
The CPS has previously identified “significant differences in the prosecution and conviction rates for rape and domestic abuse” between different groups, with black defendants and Chinese defendants found to have higher prosecution rates for those offences.
The CPS concluded that indicated it may be too reluctant to prosecute white defendants for rape or too quick to prosecute other groups.
The Lammy Review suggests that, where practical, redacting things like a person’s name and ethnicity could remedy the situation.
The review states: “The CPS and the public could then be confident that any disparities in charging decisions were not being driven by bias, either conscious or unconscious.”
Lord Falconer, the Labour peer and former Lord Chancellor, told the Daily Telegraph the measure was worth exploring but added: “It would be quite difficult in some cases to completely redact all details about ethnicities if that could be inferred from other elements of the case.
“If, for example, the offence was smuggling drugs from a particular country there could be an implication that the offender was from that country.”
A CPS spokesman said: “The CPS fully supports race-blind decision making and we are grateful that the report recognises our efforts to ensure fairness in all of our decisions.
“The data we collect on race and gender helps us to ensure our decisions are fair and we would not want to compromise this.
“However, we will look at the practical implications of the recommendation and then decide how best to improve our practice on this issue.”
The Lammy Review also advocates the introduction of a “deferred prosecution” model for adult and youth offenders across England and Wales.
The model, pioneered in the West Midlands between 2011 and 2014, would apply to offenders accused of less serious crimes who the police decide should be prosecuted and have no more than one conviction.
Offenders would agree to go through a programme of interventions, like drug or alcohol treatment, with those who successfully complete their programme having their prosecution dropped and those who fail facing criminal proceedings.
The pilot programme resulted in greater satisfaction for victims, reduced re-offending for certain types of offences and was cheaper than the regular court route, according to the review.
The review also recommends adopting a US-style system for "sealing" criminal records so ex-offenders who show they have reformed would not need to disclose details of a past offence to prospective employers.