CAT/OP/GBR/CSPRO/1
that has been evident for the last number of years. In order to explore factors that influence
over-representation generally, the Youth Justice Agency in NI has commissioned Queen’s
University Belfast to carry out research into this area. A report is due by the summer of 2021.
“e) intensify the training and awareness-raising of prosecutors, judges, lawyers and
police officers in the Criminal Justice System.”
England and Wales
Race disproportionality and training for prosecutors
85.
Prosecutors must be fair, objective and independent. When deciding whether to
prosecute a criminal case, lawyers must follow the Code for Crown Prosecutors ‘The Code’.
The Code gives guidance to prosecutors on the general principles to be applied when making
decisions about prosecutions. These general principles help to ensure groups, including
minority groups, are treated fairly and include a number of provisions which include when
making decisions, prosecutors must be fair and objective.
86.
Training on the Public Sector Equality Duty is also a mandatory requirement for all
lawyers as of February 2020. This is to ensure that prosecutors understand the importance of
‘consciously considering’ the needs of victims, witnesses and defendants with particular
protected characteristics, including ethnic minority groups through the prosecution process.
87.
The Crown Prosecution Service (CPS) has also put in place a structure for community
engagement at national and local levels. Communities provide direct feedback on the way in
which CPS decisions impact upon them, enabling the CPS to assess whether additional
support for prosecutors is required to ensure that their application of the Code is not
influenced by factors that may be a product of bias. This includes:
• Community Accountability Forum (CAF) meetings, chaired by the CPS Chief
Executive Officer and an independent co-chair, with a diverse membership. CAF
meetings focus on particular themes, enabling the CPS to hear from communities on
particular issues;
• Local Scrutiny and Involvement Panels (LSIPs), chaired by Chief Crown Prosecutors,
with membership drawn from local communities. LSIPs scrutinise CPS decisionmaking on a variety of cases, ensuring that prosecutorial decision-making is informed
by an understanding of community perspectives;
• Community Conversations, chaired by Chief Crown Prosecutors, where community
members can raise issues of local concern directly with the CPS.
Training for judges
88.
The judiciary of England and Wales is also independent of Government. The Lord
Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have
statutory responsibility for training, under the Constitutional Reform Act 2005, Tribunals,
Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. Training
responsibilities are exercised through the Judicial College.
89.
The Judicial College has a governing principle which requires diversity to be
embedded into all training using examples of the social context in which judging occurs.
Social context includes diversity, equality and social mobility. It is also the College’s goal to
integrate the topic of bias in all induction and continuation training. Judicial trainers are
provided with guidance on how to integrate fair treatment and diversity into jurisdiction
specific induction and continuation training programmes which are delivered to all judicial
office-holders.
90.
Social context and diversity are embedded in the competence frameworks for judges
and magistrates. This all reflects the judicial oath, to ‘do right to all manner of people after
the laws and usages of this realm, without fear or favour, affection or ill will.’
91.
All judges have access to the Equal Treatment Bench Book (ETBB) which is a
comprehensive guide on equal treatment issues and is publicly available at:
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