Ethnicity in the justice system: evidence review

Footnotes

1. For the purposes of this analysis 'White Minority Ethnic' includes: 'White Polish'; 'White: Irish', 'White: Gypsy/Traveller' and 'White: Other White Ethnic Group'.

2. For the purposes of this analysis 'African, Caribbean or Black' includes: 'African, Scottish African or British African' and 'Caribbean or Black'.

3. For the purposes of this analysis 'White Minority Ethnic' includes: 'White Polish'; 'White: Irish', 'White: Gypsy/Traveller' and 'White: Other White Ethnic Group'

4. The SCJS asks "How much would you say the crime rate in your local area has changed since two years ago? Would you say there is more, less or about the same?" The pooled sample combines data from a 10 year period, from 2008/09 to 2019/20, therefore respondents will be answering in relation to different "two year" reference periods depending on the year they participated in the survey.

5. Further information on how hate crimes are recorded by the police are available online.

6. For the second deep dive study, 2,000 hate aggravated crime records were sampled from 2020-21, representing 30% of all cases recorded by the police during this year. 900 race aggravated hate crimes were included in the sample (21% of all recorded race aggravated hate crimes).

7. Of all hate crimes recorded by the police in 2020-21, an estimated 1,450 crimes had a police officer victim.

8. For the purposes of the analysis presented here, Asian includes: Pakistani, Pakistani Scottish or Pakistani British; Indian, Indian Scottish or Indian British; Bangladeshi, Bangladeshi Scottish or Bangladeshi British; Chinese, Chinese Scottish or Chinese British; and Other Asian.

9. For the purposes of the analysis presented here, African, Caribbean or Black includes: African, African Scottish or African British; Other African; Caribbean, Caribbean Scottish or Caribbean British; Black, Black Scottish or Black British; and Other Caribbean or Black.

10. Some of these cases related to incidents where the prejudice shown was directed towards a third party who was not present at the time and not the person who was the victim of the crime. In other cases, the victim's self-identified ethnicity did not align with the prejudice shown by the perpetrator.

11. Management Information National Stop and Search Database: Quarterly Report April – March 2021/22 p4

12. The code governs all situations in which constables stop and search a person without first making an arrest, and sets out the requirements for recording and reporting information on stop and search, which includes a requirement to publish information on the age and gender, and the ethnic and national origin, of the persons searched.

13. Data in Table 4.1 comes from Management information on stop and search

14. Police Scotland report on 19 ethnicity categories based on Census categories, along with "not provided / unknown". In this report, these categories have been grouped together into 6 larger categories and not known. These categories are "White Scottish/White Other British"; "White Minority Ethnic"; "Asian"; "African, Caribbean or Black"; "Mixed or Multiple"; "Other" and "Not provided. / unknown".

15. For the purposes of the analysis presented here, 'White Minority Ethnic' includes: White Irish; White Gypsy/Traveller; White Polish; and White Other

16. For the purposes of the analysis presented here, "Asian" includes: Pakistani; Indian; Bangladeshi; Chinese; and Asian Other

17. For the purposes of the analysis presented here, "African, Caribbean or Black" includes: African, African Scottish, African British; African Other; Caribbean, Caribbean Scottish or Caribbean British; Black, Black Scottish or Black British; Black Other

18. For the purposes of the analysis presented here, "Other" includes: Arab, Arab Scottish, Arab British; and Other Ethnic Group.

19. Management Information National Stop and Search Database: Quarterly Report April – March 2021/22 p4

20. Data in Table 4.2 comes from annual Police Scotland Management information publications

21. Use of force includes: Empty Hand Techniques; Batons; Irritant Sprays - PAVA (both drawing and discharge); Leg Restraints; and Spit Hoods. /

22. In 2021, Police Scotland responded to a Freedom of Information request around use of force and ethnicity. Their response includes annual numbers of use of force forms submitted, by ethnicity for 2018/19, 2019/20 and 2020/21.

23. Data in Table 4.3 comes from annual Police Scotland Management information publications

24. For the purposes of the analysis presented here, White Scottish/White Other British includes: White Scottish; White English; White Northern Irish; White Welsh; and Other White British.

25. For the purposes of the analysis presented here, 'White Minority Ethnic' includes: White Irish; White Gypsy/Traveller; White Polish; and White Other

26. For the purposes of the analysis presented here Asian includes: Pakistani, Pakistani Scottish or Pakistani British; Indian, Indian Scottish or Indian British; Bangladeshi, Bangladeshi Scottish or Bangladeshi British; Chinese, Chinese Scottish or Chinese British; and Other Asian Background

27. For the purposes of the analysis presented here, "African, Caribbean or Black" includes: African, African Scottish or African British; Other African Background; Caribbean, Caribbean Scottish or Caribbean British; Other Caribbean or Black background; Black, Black Scottish or Black British.

28. For the purposes of the analysis presented here, "Other" includes: Arab, Arab Scottish, Arab British; and Other Ethnic Group

29. Ethnicity Classifications used for Taser are Home Office Self Defined Ethnicity codes

30. Taser can be used in a number of ways: Drawn; Aimed; Red Dot; and Arced are considered non-discharges; Fired is when probes have been deployed from the device.

31. Data in Table 4.4 comes from annual Police Scotland Management information publications

32. For the purposes of the analysis presented here, White Minority Ethnic includes: "Any other White background"

33. For the purposes of the analysis presented here, "Mixed" includes: "White and Black African"

34. For the purposes of the analysis presented here, "Asian" includes: Asian Pakistani; Chinese; Any other Asian background

35. For the purposes of the analysis presented here, "African, Caribbean or Black" includes: African; Any other Black background

36. If there are multiple charges libelled on a Complaint or Indictment, and thereafter proven against an accused in a single proceeding, the main charge is the crime or offence receiving the most severe penalty

37. Data in Table 4.5 from Scottish Courts and Tribunals Service Quarterly Criminal Court Statistics

38. In criminal proceedings, the Crown (the prosecutor) may begin proceedings by petition before deciding whether to prosecute on indictment or by summary complaint. Only serious cases are begun by petition.

39. The ethnicity categories presented here are as reported by the Scottish Courts and Tribunals Service and have been grouped from the categories recorded by Police Scotland.

40. An indictment is a document setting out the charge(s) of crimes or offences against an accused in more serious cases. A case on indictment is tried by judge sitting with a jury in the High Court (in the most serious cases), or the sheriff court. Cases tried on indictment are known as solemn proceedings.

41. In summary proceedings, the complaint contains the settled charge against the accused. It equates more easily to the indictment than to the petition. However, unlike the indictment, the complaint is the document upon which the first appearance of the accused is focused, and which commences proceedings.

42. 2019 estimates of the ethnicity of the Scottish population come the Scottish Surveys Core Questions (SSCQ) dataset, covering the collection period for 2019. The SSCQ data set contains a pooled sample of around 20 core questions from the three large-scale Scottish Government population surveys, the Scottish Crime and Justice Survey (SCJS), Scottish Health Survey (SheS) and Scottish Household Survey (SHS), with a sample size of around 20,000 responses.

43. Scottish Prison Population Statistics 2021-22, Supplementary Tables B3

44. Community Justice Scotland have less than fifty staff and have not previously been a Public Sector Equality Duty listed authority. They expect to be added to the list and to publish workforce data in future.

45. Scottish Legal Aid Board (SLAB) data is not included in this figure as SLAB reports its equality data in 5% bands to protect staff anonymity. SLAB data is included in the more detailed breakdown in Appendix C: Table A5.1.

46. Law Society of Scotland data relates only to members who provided equality information, whereas other organisations include the percentage who did not provide information within their not known totals.

47. Police Scotland uses the term "BME" in its reporting

48. Trend data for minority ethnic (excluding white minority) is available from 2013 and for white minority from 2014

49. Police Scotland new recruits serve a 2 year probationary period, following 12 weeks of initial training

50. SPA use the term "BME" in their reporting

51. SPS use the term "Ethnic Minority group" in their reporting

52. SFRS used the term "Ethnic Minority"

53. COPFS uses the term "Black, Asian or Minority Ethnic (BAME)" in its reporting

54. SLAB uses the term "Non-white minority ethnic" in its reporting

55. This is based on the 80% of who solicitors who completed survey

56. The Law Society of Scotland uses the term "Black, Asian and Minority Ethnic (BAME)" in its reporting

57. Data on 31 March 2021

58. Data from 31 March 2020

59. Data from April 2021

60. Data from 2021/22

61. Data from 31 March 2020

62. Data from 31 March 2021

63. Data for 20/21, based on 76% completion rate for equality records

64. Data for 20/21, based on 80% of solicitors who completed survey