Georgia Barnett is a psychologist and researcher, and partner at KTA Research and Consulting who specialise in bringing evidence into criminal justice practice. Georgia worked for HMPPS for 22 years, and spent the last 10 years working in the HMPPS Evidence-Based Practice Team. Georgia has written a series of shorts blogs for T2A, providing a snapshot of the young adult evidence base.

People from ethnic minorities are disproportionately represented at all points of contact with the criminal justice system and this is most pronounced among children and young adults.¹

What do young adults from ethnic minorities tell us about their experience in prisons and with probation services?

Research capturing the voices of black and ethnic minority people in prisons and on probation in England and Wales tells us that:

• Young adult men have more negative experiences of prisons and have poorer well-being in prison compared to older prisoners; young black men report the worst experience of all young adults.²
• In a 2020 study, young black men with experience of the justice system felt the decisions made about them did not feel appropriate, and that authority figures assumed they were involved in gangs. They said their behaviour was often interpreted as aggressive, and they were offered fewer opportunities for rehabilitation compared to their white peers in prison.³
• Young black men reported a range of barriers to accessing care and support in prison, for example, being more likely to be perceived as dangerous than white men, which also meant they were more likely to have force used against them.⁴
• In a report published by HMI Probation in 2021, many ethnic minority people on probation did not feel that probation staff had a good understanding of their culture, religion, heritage or experiences and were reluctant to enter discussion about these issues or discuss their experiences of racism and discrimination.⁵
• The same HMIP report found that young adults from Gypsy, Roma, or Traveller (GRT) ethnic groups face distinct challenges in the criminal justice system and are routinely misidentified in prison.⁶ GRT prisoners reported needing more help to stay in contact with friends and family when in custody than prisoners from other backgrounds.⁷
• Female prisoners from GRT communities were more likely than other female prisoners to have complex needs, to experience bullying/victimisation from other prisoners and were more likely to report feeling unsafe.⁸

What can we do to improve the experience and outcomes of young adults from ethnic minorities?

There isn’t much evaluation of interventions and services for people from ethnic minorities in prison and probation settings. In a small study of a prison-based personality disorder service, young black and minority ethnic men identified several barriers to engagement with the service.⁹ Many had a concern that others – peers, family, and staff – would think badly of them for engaging with the service. The young men felt that their unique needs would not be fully understood by staff working there, a view that was influenced by negative experiences of contact with other services. The young men said that peer encouragement, staff investment in relationships with ethnic minority prisoners, and being offered choice within the service, would help improve their experience.

More recently, a report by Spark Inside, based on interviews with young adult prisoners, made a number of suggestions for better responding to the needs of young black men in custody including:

• Recognition by staff of the different backgrounds, cultures, inequalities and experiences (including experiences of racism and discrimination) of young black men.
• Making sure young black men have a voice and are heard in custody.
• A focus on identity, to help build a positive, prosocial sense of self and challenge negative perceptions linked to race, culture, faith and masculinity.
• Using black-led or black specialist organisations to deliver services and support to this group.¹⁰

1. David Lammy MP (2017). The Lammy Review. UK Government. Available at: https://www.gov.uk/government/publications/lammy-review-final-report ↩︎
2. Spark Inside (2023). Being Well, Being Equal. BWBE Report Final V.2 – DIGITAL Spreads REDUCED 21-02_1.pdf (sparkinside.org) ↩︎
3. Leaders Unlocked. (2020). Young Adult Advisors On Criminal Justice: Hearing from Young Adults in the Criminal Justice System. Available at: http://leaders-unlocked.org/luwp/wp-content/uploads/2020/05/YoungAdvisorsonCriminalJustice_final-pdf.pdf ↩︎
4. Spark Inside. (2023). Being Well, Being Equal: Prioritising the wellbeing of young men and young Black men in the criminal justice system. Barrow Cadbury Trust. Available at: https://barrowcadbury.org.uk/wp-content/uploads/2023/02/BWBE-Report-Final-V.2-DIGITAL-Spreads-REDUCED-21-02-1.pdf ↩︎
5. HMIP (2021). Race equality in probation: the experiences of black, Asian and minority ethnic probation service users and staff. Race equality in probation: the experiences of black, Asian and minority ethnic probation service users and staff (justiceinspectorates.gov.uk) ↩︎
6. HMIP (2020). Minority Ethnic Prisoners’ Experience of Rehabilitation and Release Planning. Minority ethnic prisoners’ experiences of rehabilitation and release planning: A thematic review by HM Inspectorate of Prisons (October 2020) (justiceinspectorates.gov.uk) ↩︎
7. Ibid. ↩︎
8. HMIP (2020). Minority Ethnic Prisoners’ Experience of Rehabilitation and Release Planning. Minority ethnic prisoners’ experiences of rehabilitation and release planning: A thematic review by HM Inspectorate of Prisons (October 2020) (justiceinspectorates.gov.uk) ↩︎
9. Hunter, S., Craig, E. and Shaw, J. (2018). “Give it a Try”: experiences of black, Asian and minority ethnic young men in a prison-based offender personality disorder service. Journal of forensic practice. Vol 21. No 1. pp. 14-26 ↩︎
10. Spark Inside (2023). Being Well, Being Equal: Prioritising the wellbeing of young men and young Black men in the criminal justice system. Barrow Cadbury Trust. Available at: https://barrowcadbury.org.uk/wp-content/uploads/2023/02/BWBE-Report-Final-V.2-DIGITAL-Spreads-REDUCED-21-02-1.pdf ↩︎

Young Adult Evidence Snapshot

What does research tell us about building positive relationships with young adults?

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T2A Chair Leroy Logan MBE reflects on the findings of the Alliance for Youth Justice’s (AYJ) briefing paper on the transition from the youth to adult justice system – focusing on the experiences of Black, Asian and Minority Ethnic young people.

A spotlight on racial disparities

As the briefing suggests, young people who turn 18 while in contact with the justice system face a steep cliff edge. Studies show that this age is a crucial turning point where many young people begin to desist from crime with the right support and interventions. But rather than take advantage of this capacity for change, statutory services fall away. For Black, Asian and Minority Ethnic young people, the transition to the adult justice system can be even more challenging.

This latest briefing from AYJ has cast a harsh spotlight on the failings of our justice system to address the racial disparities that have blighted many young people’s lives. From an early age, many Black, Asian and Minority Ethnic young people find themselves associated with criminal stereotypes. Labelling young people in this way is incredibly damaging, eroding self-belief and making it harder to move towards a pro-social identity.

Once Black, Asian and Minority Ethnic children enter the justice system, they are less likely to be diverted, more likely to receive harsher sentences, and more likely to be sent to custody, sentenced or on remand, compared to white children¹.

“Guilty before proven innocent… you kind of learn authority figures don’t actually care.”

Young Person

This can create a huge gulf in understanding and trust between Black, Asian and Minority Ethnic young adults and the professionals working in the system.

Sadly, these findings confirm what many of us working in the sector already expected. That’s why I welcome AYJ drilling down into the causes of this crisis, and what needs to change to deliver better outcomes.

Too often, we focus solely on what’s not working and forget that we must create a roadmap for the future we wish to see.

An overstretched and under resourced system

It’s clear that even with a diverse workforce, culturally competent training, and the best will in the world, the probation service is struggling to keep its head above water.

A professional quoted in the briefing had this to say:

“Record levels of staff sickness, extended sick leave, people fleeing the service in droves – that then exacerbates every other issue we have. We can’t be ambitious, we can’t be progressive, we can’t make many changes if you’re barely able to keep the regime running.”

There are many admirable professionals working in the system who want to do better for young adults, but they don’t have the time, resources, or support to implement creative approaches.

Without sufficient investment, the system can barely meet young adults’ basic needs – let alone support them to take steps towards a more positive future.

Collaboration with the VCSE sector

In this depressing climate, the work of voluntary and community organisations has become even more vital.

Specialist Black and Ethnic Minority-led organisations have an intimate understanding of the communities Black, Asian and Minority Ethnic young people come from and how their experiences inform their behaviour and identity. As the research highlights, these grassroots organisations are well placed to provide nuanced support that recognises these young people’s overlapping needs – support that statutory services would struggle to provide.

These organisations are also more likely to have lived experience embedded in their staff and support services, meaning they can provide peer mentoring and positive role models – both of which are essential components in facilitating the shift towards a pro-social identity.

Ring-fenced funding to commission specialist organisations

I believe that we could take this further by developing a model where specialist Black and Minority-Ethnic led grassroots organisations are commissioned to operate services in their communities. Funding would be ring fenced for these local organisations who have the expertise to deliver the best outcomes.

This model could be supported by local roundtables where information and knowledge are shared regularly so that young adults can access support from multiple agencies. Meeting in this way will also help criminal justice agencies better understand how these organisations are well placed to support young adults. Having buy in from all partners will be vital to the success of this model.

The Newham Transition to Adulthood Hub is a great example of how this approach can work in practice. They have a wide variety of services in one space, so staff can consult each other on individual cases and referrals to different services are much easier and more efficient. Regular spotlight sessions are held where different teams share their expertise and explain how their services can benefit young adults.

Grassroots organisations excluded from funding opportunities

Unfortunately, the AYJ’s report found that organisations with strong community links and knowledge are effectively excluded from funding opportunities. They lack the resources to compete with larger organisations who can meet the excessive commissioning processes and compliance requirements demanded by the Ministry of Justice and HMPPS.

However, many of these larger organisations lack the knowledge and cultural competence to successfully deliver these services. Shockingly, they often subcontract their services at a lower rate to the very grassroots organisations that have been denied a place at the table.

It is crucial that the Ministry of Justice and HMPPS immediately reform VCS funding allocation so that specialist Black and Minority-Ethnic led grassroots organisations can build the capacity of their services – ensuring every young person receives age-appropriate, trauma-informed, culturally competent services that reflect their entire lived experience.

Bridging gaps and changing tracks

Alliance for Youth Justice briefing on supporting racially minoritised young people transitioning from the youth to adult justice system.

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1. xxvii Microsoft Word – BAME research report_final_v4.docx (publishing.service.gov.uk); Centre for Justice Innovation (2021) Equal diversion? Racial disproportionality in youth diversion; JUSTICE (2021) Tackling Racial Injustice – Children and the Youth Justice System ↩︎

Chair of the T2A Alliance Leroy Logan MBE reflects on the lack of progress on the Lammy Review recommendations and what this means for young Black and minority ethnic adults.

Last week, the Prison Reform Trust published an update on the progress of the Lammy Review’s prison recommendations. Commenting, Peter Dawson, director of the Prison Reform Trust said:

“More than five years on since David Lammy’s review revealed the shocking extent of racial disproportionality in our criminal justice system, our report shows that many of the issues he identified remain stubbornly persistent.”

Of course, I welcome the transparency that this analysis brings. However, as someone who has worked tirelessly throughout my career to create a fairer criminal justice system, I am bitterly disappointed by the government’s lack of progress on its commitments.

In his 2018 Perrie Lecture, David Lammy said:

“You cannot be in the criminal justice business and not be in the race business.”

And one cannot support children and young adults in the criminal justice system without being uncomfortably aware of the deep-seated racial disparities that exist. According to the Ministry of Justice’s statistics, over 40% of 18-24 year olds in custody are young Black and minority ethnic adults.

That’s why the work of T2A is hugely important. Together with the T2A Alliance members, we’re doing all we can to ensure that every young adult in the criminal justice system gets the support they need, based on their ongoing maturity and not simply on their chronological age.

We often speak to practitioners across HMPPS who want to do more to support young Black and minority ethnic adults, so we must continue to create accessible resources and tools that enable them to do so.

According to the Ministry of Justice’s statistics, over 40% of 18-24 year olds in custody are young Black and minority ethnic adults.

Training materials should cover everything from understanding how to talk about race and increasing cultural awareness, to learning more about implicit bias and discrimination. Listening to Black and minority ethnic organisations and the young adult they support will ensure these materials are grounded in lived experience. Spark Inside’s recent #BeingWellBeingEqual report highlighted the importance of this approach, and how promoting young Black men’s wellbeing can help them unlock their full potential.

Learning how to support young adults to move from a pro-offending to pro-social identity will also be crucial. With a stronger insight into how identity and trauma inform behaviour, staff will be able to develop more positive relationships with the young Black and minority ethnic adults in their care.

I know that the scale of the challenges we face may feel insurmountable at times. Many people, myself included, are rightly disappointed that so little has changed since David Lammy’s landmark review five years ago.

But we must not let this deter us. We must harness this energy and relentlessly focus on the work ahead of us. And if you’re feeling a tad cynical, which is completely understandable, I invite you to delve into the power of optimism.

Want to learn more about how to support young adults in the justice system?

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Chair of the T2A Alliance Leroy Logan MBE shares his insights on Spark Inside’s new Being Well Being Equal report and how we can support young adults to thrive post release.

“I was quite positive when I went inside and I think the system strips you of that. And once it has been stripped you then have the issue of well, trying to get that back and they are not putting support in place to rebuild that.” (Young adult, Being Well Being Equal Report)

When we see young adults in the criminal justice system solely as people to be punished, we deny them the opportunity to forge a better future. We rob them of their full potential.

If we don’t rehabilitate young adults at this crucial juncture in their development, the desistance process becomes much more complex after the age of 25 due to the “scarring effect” of “new adversities which are emergent in adulthood” (University of Edinburgh Study March 2022).

Prisons should focus on the rehabilitation of every individual. Young adults who are given the chance to grow, develop and realise their potential during their time in prison are less likely to reoffend – and more likely to positively contribute to society.

This is exemplified in a new report from Spark Inside. Its detailed paper Being Well, Being Equal contains a comprehensive list of recommendations on how we can prioritise the wellbeing of young men, and particularly young Black men in the criminal justice system. Spark Inside’s recommendations could not be more timely when we consider the scale of the challenges young adults face.

A 2021 thematic report from HM Chief Inspector of Prisons (HMIP) on the outcomes of young adults in custody stated: “if action is not taken, outcomes for this group and society will remain poor for the next decade and beyond.”

The December 2022 HMIP thematic review into the experiences of adult black male prisoners and black prison staff found that lack of trust in prison staff was a significant barrier to asking for support.

“Prisoners generally had low expectations of the help that they might be given if they needed support; some gave examples of times when they or friends had sought support and not received it, and others did not feel that staff had the cultural sensitivity, expertise or experience to help them, and therefore did not want to ask for help.” (HMIP, 2022)

This places young Black men in the criminal justice system in an incredibly vulnerable position – one where they feel unable to seek help from the very people who have a duty of care to keep them safe.

The evidence is clear. We must act now. But where to start? Spark Inside believes we need to listen to the voices and experiences of young adults and the organisations that advocate on their behalf. Involving Black-led and Black specialist organisations in the development of wellbeing strategies will lead to greater engagement and trust on both sides – creating an approach to young Black men’s mental health and wellbeing that considers their distinct needs.

Empowering young adults to play a role in shaping policy and practice is also key. Being able to actively participate in matters that have a huge impact on their lives will boost their self-confidence, self-esteem, sense of agency, and wellbeing.

Spark Inside have rightly identified that training and coaching will be vital to see through the report’s recommendations.

Involving young adults and the organisations that advocate on their behalf in the development of wellbeing strategies will lead to greater trust and engagement.

Many prison and probation officers want to do more to support young adults, but they don’t have the resources, time or support. HMPPS ringfencing time for staff to receive specialist training will help them understand how to effectively meet the needs of young adults – leading to more open and positive relationships. It will also help people working across the prison estate to explore and challenge discriminatory attitudes towards young adults, particularly young Black adults.

Right now, with organisations like Spark Inside working directly with young adults, we have a chance to create a criminal justice system that focuses on rehabilitation rather than punishment. A system where young adults can gain the skills and confidence they need to thrive. A system where every young adult can unlock their full potential. But we need to grab this chance with both hands if we are to ever make it a reality.

Being Well Being Equal:

Prioritising the wellbeing of young men and young Black men in the criminal justice system

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As we start the new year, the chair of the T2A Alliance Leroy Logan MBE reflects on a key 2022 report from Sheffield and Manchester Universities: Young adults in court: shrinking numbers and increasing disparities

A recent report from the Sheffield and Manchester Universities found that, over the last ten years, the number of young adults appearing in court has reduced significantly. In theory, this news should be warmly greeted, but the factors behind this reduction are not yet fully clear.

And while the rate of custodial sentences among young people has fallen by 40%, it’s still twice as high as for those over 24 years of age – and 12 times higher than for those who are under 18.

Young adults continue to be over-represented in the criminal justice system, and that’s why it’s crucial that we employ a distinct approach to their unique needs. When we get these interventions right, we know that young adults are less likely to reoffend and have a better chance of making a positive start to life after release.

The report authors, Nathan Hughes and Todd Hartman, also highlighted the widely varying rates of court appearances across England and Wales. In 2017-18, 8.4 per one thousand young adults in Devon and Cornwall made a court appearance. By contrast, the rate of appearances in the area covered by the Metropolitan Police was 23.1. What is causing this disparity in rates?

Unfortunately, insufficient data is available to compare the practices of different areas. If regional data was recorded in more detail, we could better understand the variations in local practice – and how these learnings could be applied nationally .

Race and ethnicity featured prominently in the report too. Hughes and Hartman found that ‘non-white’ young adults are now appearing in court and being sentenced to immediate custody at 1.7 times the rate of ‘white’ young adults. What’s even more concerning is that this gap has grown in the last ten years.

It’s equally challenging to understand the full picture here as data on ethnicity only started to be recorded in 2009-10, and the population size of each ethnic group is estimated – hence the use of the imprecise terms, ‘white’ and ‘non-white’, in this report. The authors quite rightly call for more robust monitoring of data on ethnicity, which T2A fully supports.

It’s only with access to this data that we can begin to properly address the significant disadvantages faced by young Black and minority ethnic adults. Here at T2A, we remain committed to ending the racial disparities that impact the lives of young people in the criminal justice system. They deserve much better, and we will continue to do everything we can to achieve this.

Young adults in court: shrinking numbers and increasing disparities

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T2A welcomes a new report from Sheffield and Manchester Universities which finds that over the last decade the number of young adult court appearances have dramatically decreased.  However, we are concerned about data which indicates a disparity between white and non-white young adults. Although rates for non-white young adults have also decreased, they have not decreased at the same rate. The blog below by criminal justice researcher Roger Grimshaw, unpicks what might be behind those disparities and highlights the need for further research.

Roger Grimshaw on the implications of a new study highlighting the long term reduction in young adult prosecutions.

New findings today from the Universities of Sheffield and Manchester have highlighted long term trends in court appearances for young adults. ‘Young adults in court: shrinking numbers and increasing disparities’, as the title suggests, shows young adults have become far less likely to appear in court over the previous decade. However, the data imply that prejudice against minorities has led to unequal rates of court appearances and custody for non-white young adults.

This concise study presents tantalizing opportunities for further exploration of the factors behind the changes. It is therefore worth rehearsing the main points in some detail before reflecting on their significance.

A decade of data

In England and Wales, the rate of court appearances among young adults (aged 18–24) fell by three quarters, from 32 court appearances per thousand young adults in 2007–08 to 8 per thousand in 2018–19. This reduction predates the impact of court closures due to COVID restrictions. It also exceeded the decline in court appearances for older age groups. The custody rate in general for young adults has also declined but remains relatively high -twice as high as for those over 24. The drops have occurred across a range of offences, including theft, burglary, violent and sexual offences, and criminal damage. Significantly the proportion of appearances for drug-related offences has increased.

The broad trends are echoed in figures published by the Youth Justice Board which reports that the number of occasions when young adults (aged 18-20) were sentenced decreased by 58 per cent between 2010 and 2020; however, the Board’s figures do not take account of a significant fluctuation in population, which the current study usefully addresses.

The data in the new study also indicate different – and harsher – treatment of minorities by police and courts.

By 2017–18, the rate for ‘white’ young adults had fallen to 11 court appearances per thousand – a reduction of 63 per cent. However, the rate among ‘non-white’ young adults stood at 22 court appearances per thousand – a reduction of 46 per cent but still much higher than for ‘white’ young adults. Custody rates also differed: the rate of immediate custody for ‘white’ young adults declined by 62 per cent, whereas for ‘non-white’ young adults it fell by 53 per cent.

Possible factors

The scope of the changes indicate that something important has been going on – but what? For some, it might be tempting to speculate about a new generational morality, but according to the researchers, crime has not fallen proportionally. The likelier explanations are institutional.

In assessing general contextual factors, it will be worth looking at the impact of court closures, and a reduction in police numbers. In particular, when annual recorded crimes are considered, the rates of charging/summons have declined substantially over the last seven years.

Moreover, the study shows significant geographical differences. The Metropolitan Police area showed relatively less decline, leading to it having the highest current rate of court appearances by young adults.

To shed more light on the key generational difference, the authors’ hunch is to explore the long-term effects of earlier criminal justice processing on young adult outcomes.

Here we should examine, first of all, what has happened to the recent cohorts which have experienced a systematic fall in interventions and a rise in diversionary practices. Long term reductions in the numbers of first time entrants to criminal justice have been dramatic: the rate per 100,000 of the 10–17 year-old population was 1,929 in the 12 months to the end of June 2007 and 484 to the end of June 2013. The introduction of Community Resolutions and triage systems may have played some part in these trends. However, ominously, the proportion of first time entrants who were categorised as ‘black’ rose over the same period.

Steady declines in sanctions have occurred over the recent decade, and in the year ending March 2020, 82 per cent fewer children received a caution or sentence than in the year ending March 2010.

In broad terms, the historical patterns of first time entrants and sanctions form a plausible starting point for understanding the changes in court appearances observed among young adults.

Discrimination

A crucial element in the apparent prejudice directed at ‘non-white’ young men is likely to be broad-brush attributions – open or tacit – of dangerousness. Our study of homicide prosecutions also confirmed the enduring salience of group prosecutions brought against young black men.

The rhetoric of ‘gangs’ casts a wide net of association, inflating the seriousness of any charge or court appearance. The growing role of drug offences in court proceedings involving young adults may reflect the stereotyping of a generation of young black men allegedly under the sway of a violent drug market.

It is vital that the police, the CPS and the courts develop clear and rigorous policies which enable them to weigh the available case information fairly and impartially, dismantling both ‘postcode’ and racial stereotypes.

Institutional influences

Though it is too soon to be certain, any specific changes in policy towards young adults that may have occurred seem to have been over-ridden by a confluence of institutional factors operating at a system level.

The long term effects of reduction in youth justice intervention must be thoroughly explored in future research and translated into policy analysis. Unrelenting pressure is required if the emerging lessons are to be equally applied to minorities currently denied them by discriminatory assumptions and practices.

Authors Nathan Hughes and Todd Hartman have succeeded in delivering a data analysis which is truly informative and timely, carving out many important future channels for further research. Their recommendations on data recording and policy issues should be heeded by all who care about a better criminal justice system.

With acknowledgement and thanks to the Barrow Cadbury Trust for supporting this comment piece. The views are the author’s own.

Young adults in court: shrinking numbers and increasing disparities

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