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News Archive: Race & Criminal Justice (2005) March 8, 2005: CRE Report on Police February 24, 2005: Race and Criminal Justice: New Figures News Archive: Race & Criminal Justice (2004) December 2, 2004: Foreign National Prisoners Reach Record High November 23, 2004: Lawyers Urged to Widen Diversity November 19, 2004: Public Inquiry Into Death Of Zahid Mubarek Begins October 14, 2004: Towards A More Diverse Judiciary July 3, 2004: New Figures on Race and Criminal Justice July 2, 2004: Choosing Judges: An Opaque, Biased and Outdated System? May 10, 2004: Diversity and Race Equality - Update May 5, 2004: No fresh charges over racist murder April 30, 2004: Racism at Yaryl's Wood 29 April 2004: Public Inquiry into the Murder of Zahid Mubarek March 8, 2005: CRE Report on Police The Commission for Racial Equality (CRE) has just published the final findings and recommendations of its formal investigation into the Police Service of England and Wales... more February 24, 2005: Race and Criminal Justice: New Figures New government figures on race and the criminal justice system for the year 2003/4 demonstrate that racist incidents have risen; both Black and Asian people experience a greater likelihood of being stopped and searched; and that Black people were over 3 times more likely to be arrested... more December 2, 2004: Foreign National Prisoners Reach Record High There are a record 9,000 foreign national
prisoners in jails in England and Wales, one in eight of the overall prison
population. This follows an almost threefold increase in numbers over the past
decade, according to a report published yesterday by the
Prison Reform Trust. There
has been a 152 per cent increase in foreign national prisoners in the last ten
years compared to a 55 per cent increase in British nationals. The report highlights a number of areas where foreign national's needs have been neglected. It notes that the official figures may well underestimate the actual number of foreign national prisoners as there are 1,200 people in custody whose nationality is not known - the Prison Service lacks a complete, accurate picture of the number of foreign national prisoners. For many prisoners their nationality has not been recorded or is incorrectly recorded. The overall figure may well underestimate the actual foreign national prisoner population by between 10 and 20 per cent. At the end of January 2004 1,200 people in prison were recorded as being of 'unknown nationality'. Foreign national prisoners come from 168 countries, but over half are from just six countries (Jamaica, Irish Republic, Nigeria, Pakistan, Turkey and India). A quarter are Jamaicans, by far, the largest single group. On 31st January 2004 there were 8,937 foreign national prisoners (defined as anyone without a UK passport), one in eight (12 per cent) of the current total prison population of just under 75,000. One in five of the 4,633 women in prison are foreign nationals. On 30th September 2004 the overall number of foreign national prisoners had increased slightly to 9,010. The majority of foreign national prisoners (47%) have committed drug offences - nearly half of sentenced men (43%) and more than three quarters of sentenced women (79%) compared to just over a tenth (13%) of British sentenced men and nearly a third (29%) of British sentenced women. The rise in the foreign national prison population is linked to the increase in the number of offenders convicted of drugs offences over the past decade. The report says the needs of foreign national prisoners are being overlooked and they are not being given the attention and support they require. It says that in some cases they are treated with disrespect and experience racism.Last year eight foreign national prisoners committed suicide, out of a total of 94 suicides. In the past five years, 35, have taken their own lives. The report notes that there are now two prisons, the Verne in Dorset and the women's prison Morton Hall in Lincolnshire, where foreign national prisoners make up half or more of the population. In sixteen prisons they make up a quarter or more of the prison population. Drawing on published evidence and original research in seven prisons, as well as the author's extensive first-hand experience, the report highlights a number of areas where foreign national's needs have been neglected:
Based on the implementation of a successful foreign national strategy originally developed in HMP Wandsworth, the report puts forward proposals for the Prison Service to promote effective local and national policy and practice with foreign national prisoners. It concludes that despite pockets of good practice there is an absence of strategic direction and support for foreign national prisoners. The report recommends the development of auditable standards and the formulation of a distinct Prison Service policy. It welcomes the introduction of foreign national co-ordinators in prisons and calls for more ring-fenced time and support for this group of staff. It presses for foreign national prisoners to be given support and training so that they can help one another. November 23, 2004: Lawyers Urged to Widen Diversity Department for Constitutional Affairs (DCA) Minister David Lammy yesterday called on top law firms and chambers to take a leading role in increasing diversity in the legal profession. Opening the Standing Conference on Legal Education, sponsored by the Legal Services Consultative Panel (established under section 35 of the Access to Justice Act 1999), in London, Mr Lammy said:
While women and minority ethnic groups are well-represented at the lower levels of the legal profession relatively few break into the most senior ranks. Only 15.8 per cent of court judges are women, and just 3.4 per cent come from minority ethnic groups. Information on women in the judiciary can be found here. Information on minority ethnic groups in the community can be found here. The DCA has published a consultation paper, Increasing Diversity in the Judiciary, which seeks to determine what steps are needed to widen the pool from which applicants for judicial appointment are drawn. The DCA presented a discussion paper, Entry and Retention in the Legal Professions, which asked:
In June 2003, the Prime Minister announced the creation of an independent Judicial Appointments Commission as part of the Constitutional Reform Bill, introduced in the House of Lords on 24 February 2004. November 19, 2004: Public Inquiry Into Death Of Zahid Mubarek Begins Over 70 witnesses will be called to give evidence at the
Inquiry into the death
of Zahid Mubarek, which has started its full hearings. The inquiry will
investigate the tragic case of Zahid, 19, who was murdered four years ago, at
Feltham Young Offender Institution in west London, and make recommendations to
prevent such tragedies in the future. Zahid, of Walthamstow, east London, was
killed by his cellmate Robert Stewart, on 21 March 2000, when Stewart hit him
about the head with a table leg, while he slept, during the early hours of the
morning. A list of those who have been asked to give evidence on each day will be published in advance on the Inquiry website. A full transcript of the hearings will be posted on the site at the end of each day. The inquiry will take the form of a non-statutory inquiry. A
statutory inquiry would have the power to compel witnesses to attend and give
evidence, or face contempt of court proceedings. Similarly it would carry with
it the power to compel the production of documents, etc. There is no power under
the Prisons Act for the Home Secretary to set up a statutory inquiry. In order
to make this a statutory inquiry it would have to be held under the Tribunals of
Inquiry (Evidence) Act 1921. The 1921 Act is intended to be confined to matters
of vital public importance or situations where an event has caused a nationwide
crisis of confidence. Mr Justice Keith said:
October 14, 2004: Towards A More Diverse Judiciary The Department for Constitutional Affairs (DCA) has published a consultation paper titled Increasing Diversity in the Judiciary. It focuses on judges and tribunal members (but not Justices of the Peace) in England and Wales. The paper examines what it frankly
acknowledges is the current lack of diversity in the judiciary, focusing on the
issues of gender, ethnic origin and disability. Currently, only 15.8 per cent of
judges are women, and just 3.4 per cent come from ethnic minority backgrounds.
The paper notes that women tend to leave the profession in higher proportions
than men before they might be expected to apply for judicial appointment. This
reduces the diversity of the pool from which judges will be appointed in future.
The questions posed by the consultation paper are:
Significant changes are already planned for the appointments process in advance of the proposed new Judicial Appointments Commission. Those changes include the introduction of a single competence framework for all judicial posts below the High Court "which will cover the range of skills and behaviours expected of judicial office-holders.” The Government has stated that it is committed to increasing judicial diversity as a priority. According to Constitutional Affairs Minister Lord Falconer:
Should you wish to respond to Lord Falconer’s invitation, responses are required by 21 January 2005. The full consultation paper is available online here. July 3, 2004: New Figures on Race and Criminal Justice The latest edition of Statistics on Race and the Criminal Justice System has just been published. The Home Secretary compiles the statistics under section 95 of the Criminal Justice Act 1991, which states that information which will help criminal justice staff avoid discrimination on the grounds of race, sex, or any other improper ground must be published. The statistics are well worth reading in full. Amongst the main points for 2002/03:
Progress has been made since Macpherson, but there is still a long way to go. July 2, 2004: Choosing Judges: An Opaque, Biased and Outdated System? An independent report which is highly critical of the appointments process for the senior judiciary has just been published. The Commission for Judicial Appointments has examined every stage of the judicial appointments process in 2003. While the report argues that the “senior judiciary in England and Wales has an unrivalled reputation for integrity and intellectual ability”, it nevertheless acknowledges that “members of the High Court bench are predominantly white, male and drawn from a narrow social and educational background”. Given that a Black or Asian high court judge has yet to be appointed in either England or Wales, it is hardly surprising that the report argues that the mechanism by which judges are selected is considered to be "opaque, outdated and not demonstrably based upon merit". In the current system, candidates for the judiciary may either formally apply for appointment or be nominated (without their knowledge). Out of a total of 175 judicial candidates in 2003, 92 applied, while 83 were nominated. There were only 25 female candidates. Five out of the total of nine candidates offered high court posts were nominees, while no less than three were nominated by the lord chancellor. The report argues that in future all vacancies should be advertised and all candidates should apply. It recommends that an independent human resources expert should advise on drawing up a new selection process, which should require applications and consideration of candidates' abilities against specific criteria/competencies. There should be self-assessment, references, appraisals, interviews and possibly testing to establish their suitability. The report looks forward to a new process “with a job and person specification”. Short-listed candidates should be invited for interview by an appointments panel, comprising a combination of judicial and high level human resources expertise, and lay members. The impact of these recommendations remains to be seen. May 10, 2004: Diversity and Race Equality - Update The Home Office published two reports today (May 10, 2004) evaluating developments in promoting diversity and race equality among its staff. The key findings of the 2003 annual report on the Home Secretary’s Race Equality Employment Targets are as follows:
The key findings of the 2002-3 Employment Monitoring report under the Race Relations (Amendment) Act 2000 are:
May 5, 2004: No fresh charges over racist murder The Crown Prosecution Service (CPS) have announced there is insufficient evidence to bring fresh charges over the racist murder of Stephen Lawrence in 1993. This follows a 5 year long reinvestigation by the Metropolitan police. Three white men - Neil Acourt, Luke Knight and Gary Dobson - were acquitted of Mr Lawrence’s murder in 1996. Though a 1997 inquest concluded that he was "unlawfully killed in a completely unprovoked racist attack by five white youths", no one has been convicted of the murder (though Met Police commissioner Sir John Stevens once went on record stating that he knew the killers’ identities). In its advice to the police the CPS stated that while the reinvestigation produced an eye witness who had not previously come forward, their evidence did not provide reliable identification. There was no credible forensic evidence placing specific individuals at the murder scene. A number of accounts of alleged confessions were also investigated but almost all proved to be second hand hearsay and unverifiable and therefore not admissible. None were sufficient to support a prosecution. The Macpherson Report into Stephen Lawrence’s murder explicity stated that the Metropolitan Police were "institutionally racist" and that this was reflected in their investigation. The Report illuminates the dynamics of race within the criminal justice system and arguably represented a key point in the development of UK criminal justice. According to Macpherson, institutional racism pertains where there has been a "collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people. April 30, 2004: Racism at Yaryl's Wood An independent report into allegations of racism and mistreatment of detainees at Yarl’s Wood Removal Centre has found that there was not a general culture of racism, violence and abuse. The report, by the Prisons and Probation Ombudsman Stephen Shaw, did substantiate most of the recent allegations of racist and other abusive language but found that they were isolated and involved a very small number of staff against whom disciplinary action has been taken. However, the report makes 29 recommendations, all of which have been accepted. The full report can be downloaded by clicking here here. The then Home Office Minister Beverley Hughes commissioned an investigation following articles in the Daily Mirror in December 2003. In the conclusion of his report Mr Shaw says: "I have concluded that most of the things that Mr Sommerlad (the Mirror reporter) said happened did happen. I have also concluded that there is not a culture of abuse, racism and violence at Yarl’s Wood. These are apparently contradictory findings. "Mr Sommerlad’s allegations are largely based on what was said during the five week training course which he attended. When taken out of context, some of these remarks were, at the least, unfortunate. There were also a number of remarks that were simply unacceptable, regardless of context. "It is important to note that these remarks were
attributable to a small handful of people. While it is of concern that they
felt able to speak as they did, I note that two of the three no longer work
for the company and I am satisfied that GSL has taken appropriate action.
This and the thoroughness of their investigation and my own will have served
to reinforce the point that racism in any form is unacceptable. 29 April 2004: Public Inquiry into the Murder of Zahid Mubarek Home Secretary David Blunkett has announced a public enquiry into the murder of Zahid Mubarek at Feltham Young Offender Institution. The inquiry will be a non-statutory inquiry. While a statutory inquiry would have the power to compel witnesses to attend and give evidence, or face contempt of court proceedings, there is no power under the Prisons Act for the Home Secretary to set up a statutory inquiry. Civil servants would be expected to co-operate with a non-statutory inquiry under their implied contractual terms and the Civil Service Code. That includes answering all questions and giving a full and truthful account. There is no real difference in cost, time or scale between a statutory and non-statutory inquiry. Mr Blunkett stated:
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January 2, 2009: Prison Suicides Down January 1, 2009: Orange Jackets – More Problems December 29, 2008: Illegal Knives: Greater Punishments December 17, 2008: Crime & DNA: Home Secretary December 16, 2008: Prison Service New Race Review December 12, 2008: de Menezes Inquest Verdict December 10, 2008: Government Respond To Corston Report December 4, 2008: PRT Respond To Queen's Speech December 3, 2008: Queen's Speech December 1, 2008: Orange Jackets For Offenders Arrive November 28, 2008: Call To End Orange Clothes For Community Payback November 25, 2008: Legislation Protects Victims Of Forced Marriage November 24, 2008: Tasers For Police November 11, 2008: Independent Review Alleges Prison Service Incompetence October 17, 2008: Sanctions For Reckless Traders, Says Napo October 15, 2008: Jobs Axed in Probation, Prisons, And Courts October 3, 2008: IPCC On Double Fatal Shooting October 2, 2008: Met Commissioner Sir Ian Blair Resigns
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