Defendants should be allowed to plead guilty and go to rehab instead of court, major review recommends

Those who plead not guilty would go through the criminal justice system, but deferred cases would later be wiped off offenders’ criminal records

The inquiry was led by Labour MP David Lammy (PA)

Defendants should be allowed to opt for rehabilitation to avoid having to go to court, a landmark report into the justice system has proposed.

The Lammy Review into the treatment of black, Asian and minority ethnic (BAME) people in the courts and prison system, recommended the introduction of “deferred prosecutions”, which would allow low-level offenders who admit their crime and complete rehabilitation schemes so they could have the charges dropped.

Those who plead not guilty would go through the criminal justice system, but deferred cases would later be wiped off offenders’ criminal records.

The inquiry, led by Labour MP David Lammy, included the proposal as one of 35 recommendations to combat the “overt discrimination” against BAME suspects.

It highlights up a wealth of data indicating disproportionate treatment in the courts, prisons and probation service, which is said to cost the taxpayer more than £300m a year.

Studies have indicated a “stark difference” in plea decisions between different ethnic groups, including one finding that between 2006 and 2014, BAME defendants pleaded not guilty to 40 per cent of charges, compared with white defendants doing the same for 31 per cent.

Defendants found guilty at a trial are likely to face tougher punishments than if they admit their guilt early on but Mr Lammy concluded: “Many BAME defendants simply do not believe that the justice system will deliver less punitive treatment if they plead guilty.”

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 per cent less likely to re-offend.

Operation Turning Point, which was trialled between 2011 and 2014, applied to individuals facing prosecution who had no more than one conviction.

Those deemed to present a low risk to the public were separated into two groups: one group faced prosecution as normal, while the charges were deferred for those in the other group.

The deferred group entered into a “contract” and agreed to go through a programme of interventions such as drug and alcohol treatment.

Those who successfully completed the programme would have their prosecution dropped, while those who did not would face criminal proceedings.

The Lammy Review said victims were also more satisfied with the scheme and costs were lower than traditional prosecutions, yielding 68 per cent fewer court cases than cases at a saving of around £1,000 each time.

The proposal to roll out deferred prosecutions across England and Wales was welcomed by prisoners’ and BAME advocacy groups, although there was caution over how increased rehabilitation programmes would be funded and pressures on the voluntary sector.

Rod Clark, chief executive of the Prisoners’ Education Trust, told The Independent deferred sentences would be “an intelligent response to the issue of trust”.

“Clearly there is a need to do something to address the disproportionality in the system, that is absolutely clear,” he added. “The report makes a good case for that kind of approach. “

Peter Dawson, director of the Prison Reform Trust said extending schemes offering deferred prosecution is a “win-win idea”, adding: “With early research showing higher rates of victim satisfaction, speedier justice and reduced reoffending rates particularly for violent offences, such schemes could help to address some of the criminal justice system’s failings at source, “Victims are spared the anxiety and uncertainty of lengthy court cases, while offenders are held to account to repair the harm they’ve caused without jeopardising their entire future with a criminal record.”

Clinks, which supports voluntary organisations working with offenders and their families, said the groups can increase trust and confidence in the justice system among BAME communities.

Nathan Dick, the charity’s head of policy, said: “These organisations involve and engage people meaningfully and bridge the gap between their community and public services.

But our research says specialist BAME organisations working in this area are 30 per cent more likely to be at risk of closure than other voluntary organisation.

“This should be a warning signal to us all. Investment and support is needed to ensure that these organisations can play the role they need to.”

Jeremy Cook, CEO of the Black Training and Enterprise Group, said any move to “divert people away from prisons when they don’t need to be there” was welcome.

“We certainly want to see less BAME people, especially young people, in prison and there need to be better choices for magistrates and courts to have better solutions,” he told The Independent.

“Prison is very costly and doesn’t rehabilitate people in the way we’d like.”

But he cautioned: “There’s a dearth of real options in community, provision can be really patchy and there are growing challenges for local authorities and local offending groups.”

Mr Cook said his organisation is concerned that many young people who plead not guilty are unaware of the increased penalties they face and called for better information.

"It’s a complicated issue, sometimes it depends on police evidence, they feel a juror would be better than magistrate,” he added. “They need the best possible objective advice on pleading the right way, at the right time, for wider society and their own interests.”

The Ministry of Justice would not say what action it was planning to immediately take on the proposal for deferred sentences.

The Justice Secretary and Lord Chancellor, David Lidington, said: “I am grateful to David Lammy for this detailed and incisive review. We will look very carefully at his findings and recommendations before responding fully. We will always seek to drive out discrimination wherever it exists.

“That is why the Prime Minister ordered the unprecedented collection of data allowing the clearest understanding to date of how someone’s ethnicity can impact their day to day life, which will be published next month.”

Alison Saunders, the Director of Public Prosecutions, said the review recognised the work already done by the Crown Prosecution Service.

“The Review calls on all parts of the criminal justice system to be more open to external scrutiny, have rigorous internal oversight, and to develop a diverse workforce as we have done and will continue to do,” she said. “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.

“We will consider the recommendations for the CPS and use them to develop further ways we can improve our work.”

The Lammy Review was commissioned by David Cameron in January 2016, with the aim of investigating evidence of possible bias against black defendants and other ethnic minorities.

Some of its other recommendations include:

• 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
• The Government should set a clear national target to achieve a representative judiciary and magistracy by 2025
• Youth offender panels should take place in community settings and have stronger emphasis on parenting
• 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