Page 92 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

decision-making processes, as well as identify, with the benefit of data,
patterns in reasons given – aiding analysis for underlying systemic issues, such
as racial disparity.

Holding the CJS to account

4.35 A perceived lack of accountability can foster the belief that there is “one rule
for us and one rule for them”. As set out in Chapter One, BAME communities
lack faith in accountability mechanisms within the CJS, especially the police.
This is profoundly damaging to trust that criminal matters are handled fairly
and impartially.

4.36 In this section, we focus primarily on how to improve oversight of the police
for two reasons. The first is that the police act as gatekeepers to the rest of the
CJS, and are therefore the most exposed to BAME communities on the ground.
The second is that it is vital for children to avoid entering the CJS where
possible. Police play an important role in this and accountability mechanisms
that allow for the dissemination of best practice will ensure high standards
when dealing with children.

4.37 Since 1969, there has not been a successful prosecution of a police officer for
murder or manslaughter, 248 despite there being 1774 deaths of individuals in
custody since 1990. 249 While 14% of these individuals were BAME, such
deaths are twice as likely to occur following police restraint, where use of force
is a feature, and where mental health issues existed. 250 For BAME
communities, these statistics strongly suggest that the police benefit from
effective immunity from prosecution.

4.38 A further effect of poor accountability is the extent to which bad practices
become embedded in the CJS. In order for standards to improve, the police
must reform the entire culture within which so-called ‘bad apples’ have arisen.

248 Full Fact, ‘We know of no successful convictions of a police officer for the killing of someone in
police custody since 1971’, July 2020.
249 INQUEST, ‘Deaths in police custody’, (14 January 2020).
250 Ibid.

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