Let's get it right: race and justice 2000 - Nacro

eparation and community orders which will helpthem to avoid reoffending.— Any inequality in the use of custody (remand orsentenced) for young people is promptly detectedand investigated.Anti-social behaviour orders, parenting orders,local child curfewsThere is a risk that indirect discrimination could affectthe fairness of the decision-making process relating tothese new powers. Decision making on whatconstitutes anti-social behaviour, or who is a goodparent, can be a highly subjective area. Everyone hasdifferent views about these subjects. Use of the neworders must be subject to monitoring and review toensure they do not have a disproportionate or unfairimpact on any section of the community.Just as importantly, at local level agencies must look intodifferences shown by monitoring results to find out whatlies behind them, and develop strategies to correct anyproblems uncovered in the process.Ethnic monitoring systems are more widely in place.Ethnic monitoring in principle is widely accepted. What isneeded now is an understanding of how to identify whatlies behind the figures, and how to act on the results.ConclusionThis report has tried to chart some of the milestones sincethe Scarman report. There is no doubt that much has beenachieved and many changes have been made. It is clearthat it has not been enough. Each chapter of this reporthas a set of practical action points to take these changesfurther.Human Rights Act 1998This Act is likely to have far-reaching implications as arights-based approach to race and criminal justice isdeveloped. It may take some time for case law to bedeveloped. In the meantime, adopting an underlyingapproach that is based on rights can be used, together withthe audit of practice and procedures above, to bring abouta very fundamental shift. Instead of crisis-ridden, stickingplaster problem solving, criminal justice agencies canreview their services to make sure they meet the rights ofall members of society to fair and non-discriminatoryjustice. Instead of locating the problem ‘out there’, arights-based approach will by its very nature tacklestructural and institutional inequality.The watershed will pass. The need for continuous changeand action will remain. It is essential that the momentumis kept up. This report ends with the final words of theStephen Lawrence Inquiry Report – which say it all:‘This may then be the start of the beginning ofchange.’Ethnic monitoring: review andactionThe monitoring that was given such a boost by Section 95of the 1991 Criminal Justice Act, and related researchreports, have been invaluable in helping to identify moreexactly the crunch points in the system. Ethnic monitoringneeds to be expanded to cover all agencies in the system,and in particular those key decision-making points wherediscretion is involved. One crucial area – currently a largehidden area – is sentencing decisions.As new legislation is introduced and new policyformulated, it should become automatic that provisionsfor ethnic monitoring, review and action are included.58