New Research Highlights Issues Contributing to Racial Disparity in the Criminal Justice System in Wales

New Research Highlights Issues Contributing to Racial Disparity in the Criminal Justice System in Wales

Wales is taking the next step in its mission to build a truly anti-racist criminal justice system, with newly commissioned research outlining the realities faced by women, children and young people from ethnically diverse backgrounds and setting out practical recommendations for change.

The findings, published in the Racial Disparity in Pre-Court Diversion Report, highlight several factors contributing to the under-representation of ethnic minority people receiving Out of Court Resolutions, which means they may go on to receive heavier sentences.

The research was carried out by Mark Jones, Director at Higher Plain and Honorary / Visiting Professor at Swansea University and University South Wales and reveals possible causes for racial disparity in accessing the criminal justice system, such as a lack of trust in the justice system and the need for more culturally competent services. It also calls for a nationally agreed model of anti-racist, trauma-informed practice across Wales.

The report, which provides recommendations on how criminal justice agencies can work to increase the proportion of ethnic minority people accessing diversionary opportunities, builds on the Criminal Justice Anti-Racism Action Plan for Wales (2022), which is all part of a wider cross-government push to create an Anti-Racist Wales by 2030.

These new approaches aim to reduce the impact and trauma of arrest, promote restorative justice, and help individuals make positive life choices around education, employment, and wellbeing.

Emma Wools, Chair of the Criminal Justice Board for Wales and Police and Crime Commissioner for South Wales said:

“As Policing and Criminal Justice Partners, we are all committed to truly understanding the issues and concerns people of colour face when interacting with the criminal justice system in Wales, this latest piece of work provides us with valuable insight into the issues that we will work together to address.

 “This new research shows we’ve made progress, but it also makes one thing clear: there’s still much more to do. Wales stands apart in its determination to deliver a fairer, more inclusive justice system, one that listens to lived experience and takes real, measurable action.”

Key recommendations within the Racial Disparity Diversion Report include:

• Developing a national model for pre-court diversion for ethnically diverse women, children and young adults.
• Investing in specialist, non-statutory services that deliver culturally competent and trauma-informed support.
• Expanding education and training to build a more diverse and empathetic justice workforce.
• Embedding co-produced community outreach to rebuild trust and engagement with ethnically diverse communities.

 Joint-Senior Responsible Leads for the Criminal Justice Anti-Racism Action Plan for Wales, Executive Director in His Majesty’s Prison and Probation Service, Ian Barrow and Chief Constable, Gwent Police, Mark Hobrough, added:

 “As united partners across the public sector, Wales stands out for its genuine determination to create a fairer, more equal, anti-racist society. From the very start we wanted our criminal justice plan to be coproduced with, and delivered for, ethnic minority communities across Wales.

 “We commissioned this research to give us greater insight into the issues contributing to racial disparity in the justice system, and we now have something tangible to move forward.

 “The findings will now be shared across Wales through the Criminal Justice Board for Wales, Women in Justice Board, and Youth Justice Board, ensuring that lessons learned shape future policy and practice.

 “The research comes as the Crown Prosecution Service’s Disproportionality Action Plan (2024) reinforces a UK-wide focus on tackling racial disproportionality in charging decisions.

 “Welsh partners say their collaborative model shows how shared leadership can turn strategy into real and tangible results for people.”

 Mark Jones, Director at Higher Plain and Honorary / Visiting Professor at Swansea University and University South Wales said:

“I’m incredibly proud to have carried out this needed research into racial disparity within pre-court diversion in Wales and believe the learning from this project offers practical recommendations for change.

 “The research ensured the lived experiences of children, young adults, and women from ethnically diverse backgrounds were a focus for this project and that their voices and realities were listened to and heard.

 “This inclusive approach has meant that lived experiences have really shaped the recommendations for enhanced anti-racist and inclusive diversion practice that better meet the needs of people from ethnically diverse backgrounds. I look forward to seeing how these recommendations are now used for diversionary practice development.”

Finally, PCC Emma Wools said:

“We know that ending racial disparity in the criminal justice system will take honesty, collaboration and long-term commitment. This report gives us a roadmap for doing exactly that, putting people, not process, at the heart of reform.

 “Wales has shown what is possible when public services act together. This is about building a system that works for everyone and ensures we’re all working to deliver the truly anti-racist Wales we all need and want.”