Low-level offenders could avoid jail by 'deferring' prosecution
Video report by ITV News Social Affairs Correspondent Rebecca Barry
Offenders could avoid going to jail by "deferring" prosecution under sweeping justice reform proposals.
Instead of entering a plea, those facing charges for low-level crimes would receive targeted rehabilitation such as drug or alcohol treatment.
Individuals who successfully complete the programme would see the prosecution dropped, while those who failed to comply would face criminal proceedings.
The model is one of 35 recommendations made in a review into the treatment of, and outcomes for black, Asian and minority ethnic (BAME) people in the criminal justice system.
Led by Labour MP David Lammy, the inquiry concludes that BAME individuals "still face bias, including overt discrimination, in parts of the justice system".
"If we didn't have this disproportionality in the system, we would be able to close 12 prisons - which costs £300 million for taxpayers," Mr Lammy said.
The review cites studies suggesting a "stark difference" in plea decisions between different ethnic groups.
One found that between 2006 and 2014, BAME defendants pleaded not guilty to 40% of charges, compared with white defendants doing so for 31%.
Defendants convicted after a trial are likely to face tougher punishments than if they admit guilt early on.
Mr Lammy said: "Many BAME defendants simply do not believe that the justice system will deliver less punitive treatment if they plead guilty."
But he acknowledged there was "only so much" the criminal system could do.
"A lot of these problems long before the criminal justice system; they start in broken homes, in schools, in communities. And there is an important role for communities and for parents.
"I'm very concerned that the youth justice system seems to have given up on parents and parenting. It needs to rediscover the role of parents and how they support their children when they're offending.
"We also need to bring communities so they are properly engaged in justice in every part of the country."
His assessment suggests the deferred prosecution model could help address the "chronic trust deficit" by taking plea decisions out of the equation.
It calls for the introduction around England and Wales of a scheme piloted in the West Midlands, which found violent offenders dealt with by deferred prosecution were 35% less likely to re-offend, as well as higher levels of satisfaction among victims.
The Lammy review, which mainly covers England and Wales, also called for:
Where practical identifying information should be redacted from case information passed from police to prosecutors so charging decisions are "race-blind"
All sentencing remarks in the Crown Court should be published in audio and/or written form to improve transparency
A US-style system for "sealing" criminal records should be introduced so ex-offenders who show they have reformed would not need to disclose details of a past offence to prospective employers
Mr Lammy said: "It is only through delivering fairness, rebuilding trust, and sharing responsibility that we will build the equal and just society so often spoken about."
He acknowledged there is "only so much" the criminal justice system can do.
"Communities must take greater responsibility for the care and development of their people - failing to do so only damages society as a whole," the MP said.
Justice Secretary David Lidington said the Government will "look very carefully" at the review's findings and recommendations before responding fully.
"We will always seek to drive out discrimination wherever it exists," he said.
Director of Public Prosecutions Alison Saunders said the Crown Prosecution Service will consider the review's recommendations.
"I am proud to lead an organisation that works to ensure that fairness and justice are at the heart of our decision making regardless of someone's race or background," she said.