Overrepresentation: BAME in the criminal justice system

Across England and Wales, people from minority ethnic backgrounds are breaking through barriers. More students from black and minority ethnic (BAME) backgrounds are achieving in school and going to university. There is a growing BAME middle class. Powerful, high-profile institutions, like the House of Commons, are slowly becoming more diverse. Yet how come our justice system fails to reflect this change?

Notably, ethnic minorities are too often overlooked and underrepresented when considering justice system’s reforms. Those who are charged, tried and punished are still disproportionately more likely to come from minority communities. Despite making up just 14% of the population, BAME men and women make up 25% of prisoners, while over 40% of young people in custody are from BAME backgrounds. These disproportionate numbers represent wasted lives, a source of anger and mistrust and a significant cost to the taxpayer. The economic cost of BAME overrepresentation in British courts, prisons and Probation Service is estimated to be £309 million a year. Gypsies, Roma and Travellers (GRT) are often missing from UK’s published statistics about children in the criminal justice system, but according to unofficial estimates, are substantially over-represented in youth custody; e.g. making up to 12% of children in Secure Training Centres. Muslims, meanwhile, do not fall within one ethnic category, but the number of Muslim prisoners has increased from around 8,900 to 13,200 over the last decade. These numbers indicate a lack of documentation regarding ethnic minorities and subsequently ineffective policy measures to respond to BAME incarceration.

Systemic marginalisation of minorities has dire consequences to BAME community in prison. In fact, self-inflicted deaths are 8.6 times more likely in prison than in the general population. 70% of people who committed suicide whilst in prison had already been identified as having mental health needs. Poor mental health among women in prison can often be associated with experiences of abuse, trauma or neglect. In fact, women in prison often experienced prior mental, physical or sexual abuse at home. This includes violence inflicted by their husbands, partners or other family members. Nearly 60 % of women in prison who have had an assessment in England and Wales reported experience of domestic violence and 53 % say that they have experienced emotional, physical or sexual abuse during childhood. Taking into account, poor record keeping about BAME women, the numbers might be higher. Women involved in sex work may also have been subjected to violence and exploitation. Noting the large proportion of incarcerated sex workers and the nature of their work, they are the most likely to have experienced sexual abuse.

40% of prisons inspected in 2016–17 had inadequate or no training for prison officers to know when to refer a person for mental health support. All policies, regimes, routines and practices in prisons should be trauma informed. Some trauma-informed practice to consider are: 1) emotional and physical safety, 2) trustworthiness of staff and clear boundaries, 3) options for women to choose what kind of treatment and support they need, which leads to 4) collaboration and 5) empowerment to ensure that women are included in the decisions made regarding their rehabilitation.