Towards an understanding of the impact of race on sentencing in England and Wales

This research explores the complex relationship between racial identity and sentencing disparities within the criminal justice system. It examines race as a critical factor influencing judicial decision-making, identifying significant concerns in contemporary legal processes. Employing a mixed-methods approach, the study analyses sentencing outcomes across England and Wales jurisdictions alongside qualitative investigations, including case study analysis and narrative inquiry. This dual methodology provides a comprehensive view of the intersection between race and the law.

The findings reveal a clear pattern of racial identity influencing sentencing outcomes, with case studies highlighting significant disparities in the severity of sentences for individuals from different racial backgrounds, even for comparable offences. These disparities extend beyond sentence length to include the likelihood of incarceration versus alternative sanctions. The research further investigates underlying factors driving these discrepancies, such as implicit biases, socio-economic conditions, and structural barriers within the legal system. Theoretical groundwork has been established through the development of a new framework to evaluate disparities in sentencing outcomes that are indicative of implicit biases and systemic obstacles that disproportionately affect marginalised groups, arguably due to the influence of what may be termed Racial Accumulation Bias. This form of bias compounds over time, rooted in historical prejudices established during slavery and the colonial era, and continues to shape contemporary perceptions of race, criminality, and culpability.