MoJ considers deferring prosecutions to address ethnic over-representation

In response to Labour MP David Lammy's review of the over-representation of BAME people in the criminal justice system, the MoJ said it is already in talks with the London Mayor's Office about a trial in the capital.

The idea would see young people offered the opportunity to undertake an intervention, such as drug treatment, prior to the point of criminal prosecution. If the young person complied with the requirements, the charges would be dropped. However, prosecution could be pursued if the requirements are not met.

In its response to Lammy's review, the MoJ said so-called "deferred prosecutions" could play a role in youth justice since it aligns with the government's goal of keeping young people out of the formal justice system whenever possible.

A trial of the idea, which was run under the name Operation Turning Point in the West Midlands between 2011 and 2014, cut reoffending by 35 per cent compared with defendants prosecuted in the normal way.

However, the MoJ said it has seen no evidence that deferred prosecutions will improve outcomes for BAME defendants and more evidence needs to be gathered.

To explore the idea further, the MoJ said it had begun talks with the London Mayor's Office for Policing and Crime about running a trial of deferred prosecutions in London.

The MoJ has also said it will look into how to make the court process easier for young people to understand and that the Youth Custody Service will investigate the over-representation of BAME young offenders in the secure estate.

"The government agrees with the importance David Lammy places on addressing disproportionality within the youth justice system (10- to 17-year-olds), so that we do not see these patterns of offending continue into adulthood," the report states.

But the MoJ rejected Lammy's call for youth offender panels to be given formal powers to hold local services to account for their role in rehabilitating young offenders. Panels can already "challenge" these services, the MoJ said.

The announcements in the government's response to the Lammy review follows a number of initiatives designed to address the over-representation of BAME young people in the justice system.

Last year, the Youth Justice Board launched a bid to get more students from BAME backgrounds to seek a career in youth justice.

Lammy's review, published in September, found that 41 per cent of young people in custody are from BAME backgrounds - up from 25 per cent in 2006.