CPS Boss Tells Mps Of Potential Unconscious Bias In Joint Enterprise Charges

The head of the Crown Prosecution Service (CPS) has announced plans to require prosecutors to consider the potential impact of unconscious bias when making charging decisions, following research that found continuing racial disparities in the prosecution of ethnic minority suspects.

Stephen Parkinson, Director of Public Prosecutions and head of the CPS, told MPs on the House of Commons Justice Committee that prosecutors would be instructed to remain “mindful” of the possibility of unconscious bias as part of a proposed revision to the Code for Crown Prosecutors.

The move follows internal analysis showing that Black and Asian defendants remain disproportionately represented in Joint Enterprise prosecutions and wider CPS research indicating that defendants from minority ethnic backgrounds are more likely to be charged with certain offences than their White British counterparts.

Giving evidence before the committee, Mr Parkinson said the CPS had identified a “continued over-representation” of Black and Asian defendants in Joint Enterprise cases. He said the findings also highlighted concerns about the use of the term “gang”, which he suggested carried “racial stereotyping connotations” and could influence decision-making within the criminal justice system.

The proposed changes represent one of the most significant revisions to prosecutorial guidance in recent years and are intended to reinforce fairness and consistency across charging decisions. Mr Parkinson said prosecutors would not be accused of deliberate discrimination but should recognise that unconscious bias can exist despite professional efforts to remain objective.

“I’m inserting in that a clause requiring prosecutors to be mindful of the potential for bias in decision-making,” he told MPs.

“I was particularly keen to do this because it’s something of an article of faith for prosecutors that we weigh evidence independently and objectively. We’re lawyers – that’s our job.”

He acknowledged that many prosecutors had reacted defensively when the issue was first raised during internal research.

“When we were doing this research two years ago many of our people felt affronted at the idea that there was any sort of bias in their decision-making, and said, ‘We follow the code.'” However, Mr Parkinson said he believed unconscious bias was an unavoidable aspect of human decision-making and should therefore be explicitly recognised within prosecutorial practice.

“So, I thought the answer to this is: there is bias, I’m sure it’s unconscious bias, but bias exists; let’s amend the code so we keep it in the forefront of people’s minds.”He added that the CPS would continue monitoring charging outcomes to assess whether the reforms lead to greater consistency and fairness.

“We have the capability to update our monitoring so we can keep track on whether this is working and if it doesn’t work, we’ll try something else. We’re going to be consulting on this later this autumn.”

The changes build upon the CPS Race Action Plan introduced after research published two years ago found significant disparities in charging decisions across different ethnic groups. That analysis concluded that defendants from minority ethnic backgrounds were considerably more likely to face charges for certain offences than White British suspects.

The Race Action Plan committed the CPS to ensuring prosecutors understand that bias can influence decision-making, even unintentionally, and that such bias must be consciously challenged throughout the criminal justice process. It also encourages prosecutors to identify and confront racial bias wherever it appears within investigations and prosecutions.

As part of the initiative, prosecutors have undergone specialist training using real-life case studies designed to demonstrate how unconscious assumptions can affect decisions. Mr Parkinson told MPs that one example focused on the “adultification” of Black children, a phenomenon in which Black children are perceived and treated as older and less vulnerable than children of other ethnic backgrounds, potentially influencing decisions taken by police and prosecutors.

The CPS has also strengthened its data monitoring to identify disproportionality in charging outcomes and intends to use that evidence to assess whether the revised code improves consistency over time. A CPS spokesperson said the proposed amendments were intended to strengthen fairness for everyone involved in the justice system rather than create different standards for different communities.

“The proposed changes aim to ensure that there is no bias in CPS decision-making, no matter who the suspect is, so that everyone is treated the same, charging decisions are fair, and suspects and victims get the justice they deserve,” the spokesperson said.

“The current evidence shows that White British people are less likely to be charged for the same offence than people from most other backgrounds.” The announcement comes amid wider debate about how race should be addressed across policing and the criminal justice system.

The National Police Chiefs’ Council (NPCC) has also announced that it is reviewing guidance relating to race after criticism of previous advice suggesting that achieving “racial equity” did not necessarily mean “treating everyone the same or being colour-blind”. The review follows growing scrutiny of diversity and inclusion policies within policing.

Critics argue that criminal justice decisions should remain entirely focused on evidence without consideration of a suspect’s race or ethnicity. Shadow Home Secretary Chris Philp strongly criticised the CPS proposals following Mr Parkinson’s evidence to MPs.

“Policing and prosecution decisions should be colour-blind,” he said.

“Decisions should be taken simply on the facts. Different charge rates are not evidence of bias by prosecutors. The accused’s colour or religion should not come into it when making charging decisions.” Mr Philp described the approach as “dangerous nonsense”, arguing that introducing race into charging considerations risks undermining confidence in the impartiality of the criminal justice system.

Sir Stephen Watson, Chief Constable of Greater Manchester Police, has previously warned that policing has increasingly adopted what he described as the “language of activism” in response to criticism over race and discrimination. He has argued that official guidance has “over-corrected” in an attempt to respond to accusations of institutional racism, suggesting the focus should instead remain firmly on evidence-based policing.

The issue of Joint Enterprise prosecutions has also attracted sustained attention over concerns about disproportionality. Under Joint Enterprise principles, multiple individuals can be prosecuted for the same offence where prosecutors argue they played a role in encouraging or assisting criminal conduct

. Campaigners have long argued that the doctrine disproportionately affects young Black men and can rely heavily on associations, friendships or alleged gang membership rather than direct participation in an offence. Mr Parkinson said the CPS analysis showing continuing over-representation of Black and Asian defendants in such cases reinforced the need to examine how language, assumptions and prosecutorial judgements are made.

His comments suggest the CPS believes greater awareness of unconscious bias can improve the fairness of charging decisions without compromising prosecutors’ duty to assess evidence objectively. The revised Code for Crown Prosecutors will be subject to public consultation later this year before any final changes are introduced.

The debate is likely to continue as ministers, prosecutors, police leaders and opposition politicians remain divided over whether disparities in prosecution outcomes reflect systemic bias, broader social factors or differences in offending patterns.

While the CPS insists its proposals are designed to ensure every suspect is treated fairly and consistently, critics argue that justice should remain strictly colour-blind and based solely on the available evidence.  The consultation on the revised prosecutorial code is expected later this autumn and will determine how the new guidance is implemented across England and Wales.