Landmark sentencing guidance for blackmail, kidnap and false imprisonment offences will flag to judges that Black and Asian offenders receive tougher sentences than White offenders, under proposals put forward by the Sentencing Council.
Data published by the Sentencing Council reveals that 55% of kidnap offenders between 2018 and 2022 were White. However, the average custodial sentence for White offenders was five years and four months – but six years and one month for Asian offenders, and seven years and nine months for Black offenders.
For false imprisonment, 72% of offenders were White. However, the average custodial sentence length for White offenders was four years and one month, five years for Asian offenders, and six years and four months for Black offenders.
Three-quarters of blackmail offenders were White. However, the average custodial sentence length was two years and eight months for White offenders, three years and one month for Black offenders, and three years and six months for Asian offenders.
The council said it was ‘difficult to know what might be driving these differences’ and that it could not control for factors such as whether the offender pled guilty.
However, the blackmail guideline will say: ‘Sentences should be aware that there is evidence of a disparity in sentence outcomes for this offence which indicates that a higher proportion of Black offenders receive immediate custody compared to White offenders, and that the average custodial sentence length is also higher for Asian offenders, compared with White offenders.’
The kidnap and false imprisonment guideline will say: ‘Sentencers should be aware that there is evidence of a disparity in sentence lengths for this offence which indicates that the average custodial sentence length is higher for Black and Asian offenders, compared with White offenders.’
The council also wants to know if the draft guidance contains anything that could contribute to the disparities, such as the language used.
The consultation closes on 24 April.
