By James Simons-
New sentencing guidelines for drug offences will address the different standards used in jailing drug dealers from different ethnicities, after research showed that black, Asian and minority ethnic offenders get tougher sentences for certain drug offences than white offenders.
The updated guidelines today for offences under the Misuse of Drugs Act (MDA) 1971, the Sentencing Council said it wanted to address sentencing disparities associated with sex and ethnicity found in research it commissioned after the issue was originally raised by MP David Lammy.
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The council’s research revealed that the odds of a black offender receiving an immediate custodial sentence were 1.4 times those of a white offender. Asian offenders received custodial sentences that were on average 4% longer than the sentences imposed for white offenders.
The reasons for the disparity in sentencing has been put down to racism in the judicial system, but some credible views have stated that it could be because of more mitigating circumstances presented in the the cases of white offenders than black offenders, and the criminal history of the different groups.
The criminal history of a guilty defendant can affect the sentence they receive, and other factors like whether they are in employment can also influence sentencing, or the precise quantity of drugs the drug dealer was found to have in his/her possession.
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Lord Justice Holroyde said: ‘Changes have been made to reflect the changing nature of offending, reflecting the concerns raised by some about the exploitation of young or vulnerable people in the commission of drug offending; the increase in county lines offending; and, for some drugs, the increase in purity or yield of the drugs.’
He added that there were ‘disparities’ in sentencing drug dealers of different ethnicities. ‘The Council was concerned that the sentencing guidelines should not contain anything which might contribute to or exacerbate disparities and so we have taken some measures to address those issues,’ Lord Justice Holroyde said.
For certain offences where there is sufficient evidence of a disparity, the guidelines will state: ‘Sentencers should be aware that there is evidence of a disparity in sentence outcomes for this offence which indicates that a higher proportion of Black, Asian and other ethnicity offenders receive an immediate custodial sentence than white offenders.’
The statement will include a link to overarching principles guidelines, which state that a range of evidence suggests people from BAME communities ‘may be more likely to experience stigma attached to being labelled as having a mental health concern… may be more likely to enter the mental health services via the courts or the police rather than primary care, and are more likely to be treated under a section of the Mental Health Act’.
The new guidelines, which come into force in April, also introduce aggravating factors that could see sentences increased for offenders who use the home of a vulnerable person (so-called ‘cuckooing’), exploit children or run county lines. New and more powerful drugs, including various kinds of ‘spice’ and synthetic opioids, are also covered.
Her Honour Judge Rebecca Crane, a member of the Sentencing Council, said: ‘These new sentencing guidelines provide a clear sentencing framework for the courts. They cover all the main offences and provide an approach to sentencing offending involving any type of drug. They will ensure that victims, witnesses and the public will have clear information on how drug offences are sentenced.’
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