Race consciousness and the law

• ISBN: 978-1-911114-75-8

• Published: 2023

• Pages: 11

• Publisher: The Howard League for Penal Reform

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Race consciousness and the law

The widespread adherence by the legal system to the notion that the law should be ‘colourblind’ and ‘race neutral’ is a barrier to eradicating and challenging racist and discriminatory practice.

Race consciousness and the law, a report written by Dr Alexandra Cox of the University of Essex, explores the stark racial and ethnic disparities that exist at all levels of the criminal justice system in England and Wales. It shows how lawyers, who are present at almost every stage of the criminal justice system, are in a unique position to identify and challenge racism, but their knowledge and experience has been under-researched.

The research, conducted with 30 legal practitioners from across England and Wales, found that legal authorities’ demands, both explicit and implied, that lawyers be ‘race neutral’ poses barriers in highlighting or addressing disparities. Practitioners spoke about the opposition they faced in the courts when highlighting the roles that race and ethnicity may have played in key decision-making by legal authorities, particularly the police.   

To celebrate the launch of the Howard League’s report, we hosted an online event to discuss some of the key issues the research revealed.

The event was hosted by the Howard League’s Policy Officer Leela Jadhav, and the panel included:

• Dr Alexandra Cox, University of Essex
• Laurie-Anne Power KC, 25 Bedford Row Barristers
• Sandra Paul, Partner at Kingsley Napley