BAME offenders ‘more likely’ to be jailed for drug crimes

New research comes as a 12-week consultation on sentencing guidelines for judges and magistrates begins.

Black and minority ethnic drug offenders are more likely to be jailed than other defendants, a new study suggests.

Fresh analysis comes as the Sentencing Council undergoes a 12-week consultation on new sentencing guidelines for judges and magistrates, asking for feedback on whether the current guidelines for could lead to discrimination.

Research looked at the penalties received by 14,000 defendants aged between 26 and 50 for possession with intent to supply between April 2012 and March 2015.

They found that for class B drugs – including cannabis and ketamine – 46% of Asian offenders and 44% of offenders who are black or from another ethnicity could expect to receive an immediate custodial sentence, compared with 37% of white offenders.

For a class A substance such as heroin or cocaine, around 93% white offenders, 95% Asian offenders and 95% black offenders would be expected to go to prison.

There was also a difference in length of sentence, with Asian offenders being jailed for an average of 4% longer – a month extra – than white offenders.

Black and other ethnicity offenders did not have statistically different sentences to white offenders.

Investigators also looked at gender, finding 37% of men would be expected to be jailed for possession with intent to supply a class B drug, compared with 20% of women.

Around 93 male offenders and around 85 female offenders per 100 would be expected to be sentenced to immediate custody.

Men received also sentences that were on average 14% – or around five months – longer than women.

Lord Justice Holroyde, chairman of the Sentencing Council, said: ‘The sentencing guidelines are intended to apply equally to all offenders, irrespective of their sex or ethnicity.

‘In drafting the guidelines, the council always takes great care to use language that is clear and unambiguous and will ensure the equal application of sentencing factors to all social groups.

‘We do recognise, however, that there is potential for draft guidelines to be interpreted in different ways.

‘The council is seeking views on whether any of the factors in the draft drug offences guidelines could be interpreted in ways that could lead to discrimination against particular groups, and we are asking whether there are any other equality or diversity issues the guidelines have not considered.’

Country lines drug gangs, which force children and vulnerable people into crime, are also being targeted by the council’s new draft guidelines.

They would allow this type of exploitation to be taken into account as a ‘culpability factor’, as well as cuckooing – where a home is taken over for drug dealing.

BTS swap microphones for helmets in quest to change the world amid climate change

Lord Justice Holroyde said: ‘The nature of offending is changing and we are seeing more vulnerable people including children being exploited either through grooming or coercion.

‘The proposed guidelines will provide guidance for courts and clear information for victims, witnesses and the public on how drug offenders are sentenced.’

The consultation will come to an end on April 7.