Regarding ethnicity, the
Imposition guideline review of trend analysis published in 2023 found no clear evidence of differential impacts on the Imposition guideline for different demographic groups. However, it highlighted that the proportion of black offenders receiving a community order continues to be lower than white offenders, even after the implementation of the guideline. One possible interpretation of this gap between the proportion of community orders is that the Imposition guideline had a greater impact for white offenders than for black offenders, in relation to the increase in proportion of community orders. While the trend analysis alone is not evidence of a disparity due to the guideline, the Council believes that the revised guideline may be able to contribute to addressing this observed imbalance by emphasising that the court should request a PSR for female offenders from an ethnic minority background to ensure it has sufficient information about the offence and the offender before sentencing. An HM Inspectorate of Probation
thematic on race equality in probation placed considerable importance on quality PSRs for black, Asian and ethnic minority offenders. The Council therefore disagreed with the justifications given for removing this cohort from the list of cohorts, and also disagreed with the justification given for removing ‘those at risk of a custodial sentence of 2 years or less’.