Page 48 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

demonising a predominately Black-led genre of music. Convictions have been
secured on the basis of an individual’s appearance in a music video.

2.51 To support such evidence, the police have invested significant resources on
researching Drill videos and ‘translating’ their lyrics, so as to make them
understandable to the court. A unit within the MPS focuses on identifying Drill
music and analysing its contents. In 2018, the unit had compiled a database of
1,400 Drill videos. 142 Officers from this unit then provide “expert” evidence in
court for the prosecution. In our view, the use of police officers as experts
amounts to no more than the prosecution calling itself to give evidence. They
have little understanding of the culture within which Drill is created, and how
it is made.

2.52 We are also concerned by the use of Drill as evidence of bad character, which
purports to suggest that a musical genre unique to a certain demographic is
inherently dangerous and criminal, a standard not applied to any other music
genre or art form. By presenting an artistic act that shows drive, determination
and creativity as dangerous and criminal, it negates positive aspects of a
defendant’s character, making a finding of guilt based on weak evidence more
likely. It also sends a message to Black boys and young men that their cultural
activities will be policed and prosecuted.

2.53 Academic research on the use of Drill as evidence in trials is at an early
stage. 143 However, we are aware of preliminary research that suggests that
almost half of defendants in trials involving Drill as evidence are teenagers at
the time of sentencing, with some as young as 14 at the time of the relevant
alleged offence. 144 Painting a child as inherently criminal for producing music
flies in the face of the child-focused, welfare-based approach required of the
YJS and we are particularly concerned by this. We consider that evidence of
producing Drill music or appearing in Drill videos should not be used as
bad character evidence unless it can be shown to be relevant to the specific
crime. Moreover, we consider that courts should apply more rigour in

142 C. Blower, ‘Courts relying on Drill music to reinforce racist stereotypes’, The Justice Gap, September
2020.
143 E. Quinn, ‘Lost in Translation? Rap music and racial bias in the courtroom’ Policy@Manchester
Blogs, 2018.
144 See also S. Swann, ‘Drill and rap music on trial’ BBC, 13 January 2021.

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