Ethnicity in the Justice System

Executive Summary

This paper presents a review of quantitative evidence relating to ethnicity in the justice system in Scotland. In so doing, it collates existing data from a range of sources into one compendium for the first time - presenting a picture of what is currently known about the experience of different ethnic groups within Scotland’s justice system. However, it is recognised that there are areas where data is not available, and that the available data does not present a complete picture of the experiences of minority ethnic individuals within the justice system.

The paper presents evidence on four broad topics:

(i) perceptions of crime, safety, the police and the justice system,

(ii) experiences of crime,

(iii) people's interactions with different elements of the justice system when they come into contact with it, and

(iv) the ethnic composition of the justice workforce.

The data presented in the paper is drawn from a range of sources, including research and statistics produced by the Scottish Government; management information from Police Scotland; hate crime statistics produced by the Crown Office and Procurator Fiscal Service; and workforce information published by justice organisations.

Most of the data and analysis presented in this paper have already been published elsewhere and links to the original data sources are provided throughout. The exception to this is new ethnicity analysis which is based on a pooled sample from the Scottish Crime and Justice Survey (SCJS) which has not previously been published.

In the 2022 census, 87.1% of people in Scotland identified as ‘White: Scottish’ or ‘White: Other British'. The term ‘minority ethnic’ is used to refer to people identifying as any ethnic group other than White Scottish/White Other British. Minority ethnic groups make up a small proportion of Scotland’s population. Accordingly, the number of people from these groups that have come into contact with the justice system and/or are part of the justice system workforce are often very small.

Whilst this paper explores differences between minority ethnic groups, it is important to highlight that these findings do not take into consideration the set of unique circumstances faced by individuals in the justice system or their individual experiences or feelings. Similarly, differences within ethnic groups are not accounted for. Minority ethnic groups are not homogeneous and there will be a range of experiences within minority groups as well as between groups.

Perceptions of crime, safety, the police and the justice system

Analysis of the Scottish Crime and Justice Survey pooled sample shows that perceptions of crime, safety, the police and the justice system vary by ethnic group. Particular differences include:

• People who identify as White Minority Ethnic and an Other ethnic group are less likely than the national average to say that crime is very or fairly common in their area.
• Those who identify as White Minority Ethnic, African, Caribbean or Black and as a Mixed or Multiple ethnic group are more likely to think that the national crime rate has gone down or stayed the same in the last two years.
• Those who identify as Asian and African, Caribbean or Black have a higher level of fear that they will be victim to both property crimes and violent crimes.
• People who identify as White Minority Ethnic have lower levels of fear around property crime and violent crime.
• People who identify as Asian are less likely to say that they feel safe walking alone in their local area after dark, whilst those from a White Minority Ethnic group feel more safe, compared to the national average.
• All minority ethnic groups are less likely, than the national average, to give a positive account of people in their area and their efforts to prevent crime.
• People from all minority ethnic groups are more likely to hold positive views of the police than the national average.
• The majority of people who had had personal interactions with the police in the last twelve months are satisfied with how the police handled the situation. Levels of satisfaction do not vary by ethnicity.
• People from minority ethnic groups tend to have more positive views of the justice system than the national average. However, there are exceptions, where those from minority ethnic groups have a more negative view of the justice system. These relate to the fairness and treatment of those accused of a crime.

Experiences of crime

Analysis of the Scottish Crime and Justice Survey pooled sample shows that:

• People who identify as African, Caribbean or Black and as a Mixed or Multiple ethnic group have a higher rate of victimisation than the national average.
• People who identify as an Other ethnic group have a lower rate of victimisation than the national average
• There is no variation by ethnicity in whether or not someone reports a crime to the police.
• Issues with housing and immigration are more prevalent amongst some minority ethnic groups.

Race aggravated hate crimes make up the majority of hate crimes reported to the police. There has been a fall in the number of race aggravated hate crimes reported since 2014/15.

Patterns of offending and the justice system response

• In 2021/22, the vast majority of stop and searches were conducted on people identifying as White Scottish/White Other British.
• Between 2017/18 and 2021/22, the proportion of stop and searches being carried out on minority ethnic individuals has remained fairly stable.
• In 2021/22, the vast majority of use of force incidents related to subjects who identify as White Scottish/White Other British.
• In 2021/22, the vast majority of Taser use was on subjects who identify as White Scottish/White Other British.
• Racial crime remains the most commonly reported hate crime to the Procurator Fiscal. The numbers of charges have fluctuated in recent years but are currently lower than the peak in such charges in 2011/12.
• The ethnicity of the prison population has been largely unchanged over the past ten years. In 2021/22, 94.9% of the average daily population self-identified as White.
• In 2019/20, it was estimated that the incarceration rate for people who identify as African, Caribbean or Black, or from Other ethnic groups was significantly higher than for people who identify as White.

Justice workforce

• There is inconsistency in the level of ethnicity workforce data published by justice organisations.
• Overall, minority ethnic groups appear to be under-represented in justice organisations.
• Minority ethnic staff appear to be evenly distributed across roles and seniority within the justice organisations who report on this.

Graphic text below:

Experience of crime

• 17% of adults experienced crime between 2008-09 and 2019-20.
• People who identify as African, Caribbean or Black had a higher rate of victimisation than average.

Fear of crime

• People who identify as Asian, and those who identify as African, Caribbean or Black have higher levels of fear that they will be victim to both property crimes and violent crimes.
• People from minority ethnic groups tend to hold more positive views of the police and the justice system than the national average. Conversely, people from minority ethnic groups tend to give a less positive account of people in their area and their efforts to prevent crime.

Perception of crime

• People who identify as White Minority Ethnic and those who identify as African, Caribbean or Black are more likely than average to think crime had decreased nationally over the last two years.
• People who identify as White Minority Ethnic and those who identify as African, Caribbean or Black are more likely than average to think crime had decreased nationally over the last two years.

Feelings of safety

• People who identify as Asian are less likely than average to feel safe alone in their home at night or walking alone after dark.
• People from a Mixed or Multiple or White Minority Ethnic group are more likely to feel safe walking alone after dark.

Civil law problems

• Immigration problems are exclusive to minority ethnic groups.
• Housing problems are more prevalent amongst people who identify as African, Caribbean or Black.
• Issues with neighbours are more prevalent amongst people who
• The proportion of stop and searches being carried out on minority ethnic individuals has been stable over the past 5 years. 94.4% White Other ethnic groups
• In 2021-22, 94.4% of stop and searches were carried out on those who identified as White.

Workforce

• Minority ethnic groups appear to be under represented in the justice sector workforce.
• Race aggravated hate crimes comprise the majority of hate crimes recorded by the police.
• The ethnicity of the prison population has been stable over the past 10 years.
• In 2021-22, 94.9% of the average daily population self-identified as White. 94.9% White Other ethnic groups
• The incarceration rate for people from African, Caribbean or Black and Other ethnic groups has been estimated to be significantly higher than for people who are White.