JUSTICE and more than 60 of the UK’s leading cultural and legal voices are urging the government to set restrictions on the use of art as evidence in criminal trials, warning that the practice leads to wrongful convictions.  

Singer-songwriter Billy Bragg and rapper Giggs have signed a letter to the Justice Secretary, coordinated by Art Not Evidence with JUSTICE’s support, calling on him to back a change in the law.  

Research has shown that prosecutors routinely misrepresent rap lyrics and videos in court as evidence of defendants’ criminality. The practice disproportionately impacts young black men and boys, drawing upon racial stereotypes to secure convictions.  

It also risks miscarriages of justice. Last year, the Court of Appeal quashed the conviction of Ademola Adedeji, a young black man who was falsely linked to a violent crime after being misidentified in a video clip where drill music played in the background. The Criminal Cases Review Commission has recently warned of the dangers of stereotypes being introduced into trials, including through the deployment of musical evidence.  

Now, Labour peer Baroness Chakrabarti, who sits on JUSTICE’s council, has tabled an amendment to the Victims and Courts Bill which would limit the admissibility of art as evidence in criminal trials. 

It would require prosecutors to show that the lyrics or video were intended to be taken literally and refer to the specific facts of the offence.  

This simple, common-sense reform would strengthen the integrity of criminal trials and prevent spurious prosecutions from clogging up the courts, at a time when backlogs are at record levels.  

It would also safeguard freedom of expression, ensuring aspiring and established rap artists are not stifled by the threat of their lyrics, videos or engagement with the genre being misused in criminal proceedings.

Billy Bragg, singer-songwriter, musician, author and political activist, said: “Art is not a confession. Protecting creative freedom is not at odds with justice – it is part of it.”  

Baroness Chakrabarti said: “Does my love of the Godfather trilogy make me a gangster? If not, why should young black men in particular be stereotyped and criminalised for their taste in music. This amendment will protect freedom of expression and strengthen the integrity of fair trials.”

Legal experts stress the amendment would still allow clearly incriminating lyrics or other creative material to be used in the prosecution of serious crimes.  

The letter, signed by the Chair of the Criminal Bar Association, along with Leslie Thomas KC and 17 other senior barristers, urges David Lammy to support the amendment, which will be debated this week. Industry bodies such as the Musicians Union and organisations supporting young people at risk of youth violence, such as Art against Knives and United Borders, have also signed the letter.  

Fiona Rutherford, JUSTICE Chief Executive, added: “Clear legal safeguards will support better decision-making in courtrooms and help maintain public confidence in the justice system.”  

Dr Abenaa Owusu-Bempah, Art Not Evidence spokesperson and Associate Professor of Law at LSE (London School of Economics and Political Science) said: “This amendment is concerned with ensuring that evidence relied upon in criminal trials meets the necessary standards of relevance and fairness. Creative expression should never be used in ways that are more prejudicial than probative.”  

Other signatories include:  

· Gary Younge – Author and Journalist 

· Riel Karmy-Jones KC – Chair, Criminal Bar Association  

· Jason Lartey – President, London Criminal Courts Solicitors’ Association  

· Professor Naomi Waltham-Smith – University of Oxford  

· Professor Jeremy Horder – London School of Economics  

· Professor Nicola Lacey – London School of Economics 

· Professor Eithne Quinn – University of Manchester  

· Dr Lambros Fatsis - City University of London 

· Leroy Logan MBE – Chair, Transition to Adulthood  

· Asif Afridi – CEO of the Barrow Cadbury Trust  

· Dr Jo Twist OBE – Chief Executive, British Phonographic Industry  

· Tom Kiehl – CEO, UK Music  

· Gee Davy - CEO, Association of Independent Musicians 

· David Martin - CEO, Featured Artists Coalition 

· Naomi Pohl - General Secretary, Musicians Union 

· Mark Davyd – CEO, Music Venue Trust 

· Carol Reid – CEO, Youth Music  

· Charisse Beaumont - CEO, Black Lives in Music 

· Nicola Dawn – Director, Criminal Justice Alliance  

· Jess Mullen – CEO, Alliance for Youth Justice  

· Katy Dawe – Co-founder and CEO, Art Against Knives  

· Justin Finlayson – CEO, United Borders  

· Daniel Gorman – CEO, English PEN  

· Andrea Coomber KC (Hon.) – Chief Executive, The Howard League for Penal Reform  

· Kehinde Adeogun - Director of Legal Services and Policy, Black Equity Organisation 

· Dr Tunde Okewale OBE – Founder, Urban Lawyers  

· DJ Semtex – Presenter, Broadcaster, and Author  

· Professor Erik Nielson – Author of Rap on Trial: Race, Lyrics, and Guilt in America  

· Ciaran Thapar – Author and Journalist 

· Rickardo Stewart - Co-Founder, Art Against Knives 

· Jake Lake - Public Health and Prevention Lead, MAC UK 

· Adèle Oliver - Author of Deeping It: Colonialism, Culture and Criminalisation of UK Drill

+ 31 others