The Youth Justice Board has published a research report on ethnic disproportionality in remand and sentencing in the youth justice system. The detailed analyis highlights the factors that can be shown to lead to disproportionate outcomes.
Linda Logan, Chair of the MA's Youth Courts Committee, responded to the report:
The MA welcomes this detailed analysis of data which focuses on remand and sentencing decisions. Although it is acknowledged that most of the disproportionality is explained by demographics and offence-related factors, which supports the need for disproportionality earlier in the system to be addressed, it is also important to recognise the impact of decisions made in the court process. In relation to both remand and sentencing outcomes being more punitive for Black, Asian and Mixed Ethnicity children, this research shows the impact of practitioner assessments, illustrating the importance of the work being done by the Youth Justice Board to eradicate any bias and ensure fair assessments of risk as well as welfare needs. The analysis also highlights that not all the disproportionate outcomes can be accounted for by practitioner assessments, which is why magistrates must be aware of the issue, and bring critical thinking to their decision-making to ensure there is no bias or prejudice. It is a priority of the MA to support fair decision-making by all our members as well as to work with the Youth Justice Board and others to reduce disproportionality throughout the system.