Ethnic Disparities in Sentencing in England and Wales: Review of Recent Findings

Abstract

Following the 2017 Lammy Review, research into ethnic disparities in sentencing in England and Wales has intensified. This article reviews the main findings from recent studies, focusing on the robustness of evidence, areas where disparities are most prevalent, gaps in the literature, and potential solutions.
Ethnic disparities are less severe and more offence-specific than previously reported. There are no substantial differences in custodial sentence length, while for the probability of receiving a custodial sentence, disparities are concentrated primarily among drug offences. However, such disparities cannot be fully explained by statistical bias, suggesting a degree of direct or indirect sentencing discrimination.
Sentencing disparities appear consistent across most minority groups. However, intersectional analyses reveal nuanced patterns; for instance, white male offenders require over 50% longer criminal records than black male offenders before crossing the custody threshold, while no significant differences are observed between black and white female offenders. Notably, socioeconomic factors, such as area deprivation, do not seem directly linked to ethnic disparities, although deprivation independently influences sentencing outcomes.
Several gaps remain in the literature. Multivariate analyses focused on magistrates’ courts, where most sentences are imposed, are lacking. Qualitative research is also needed to explore disparities in areas like drug offences, male ethnic minority offenders, and assessments of mitigating factors.
Current efforts to mitigate disparities should be expanded to include more structural solutions, such as increasing funding for legal aid, improving the quality of pre-sentence reports, and ensuring community services for addiction, mental health, and employment are universally accessible.