Sentences and custody

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Last updated 2 March 2018 - see all updates

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1. Main facts and figures

  • from 2009 to 2016, the percentage of offenders given an immediate custodial sentence increased for White, Black, Asian and Mixed offenders

  • from 2009 to 2016, a lower percentage of White offenders were given an immediate custodial sentence than Black or Asian offenders

  • among juveniles, the Asian and Black ethnic groups had the highest percentage of offenders sent to a young offenders institution

  • out of all female offenders, Black offenders had the highest percentage given an immediate custodial sentence

  • Black offenders had the highest percentage given an immediate custodial sentence for drugs offences; White offenders had the highest percentage given an immediate custodial sentence for theft

Things you need to know

Where an offender was found guilty of more than one offence, the data includes the offence for which the offender was given the heaviest penalty. If they were given the same penalty for two or more offences, the data uses the offence with the heaviest statutory maximum penalty. Where more than one sentence is given for an offence, the most serious sentence is included in the data.

Ethnicity wasn’t known or declared for about 1 in 5 offenders. This analysis only includes offenders for whom the ethnicity was known.

What the data measures

The data measures the percentage of offenders sentenced to immediate custody in court, as a percentage of all offenders sentenced for ‘indictable’ offences. We refer to this in places as the ‘custody rate’. The data is broken down by ethnicity, age and gender.

There are three broad types of offence:

  • indictable-only offences, such as murder, rape or robbery, which can only be heard in the Crown Court
  • offences that are triable either way, which means they can be heard in either a magistrates’ court or in the Crown Court, and include offences like theft from shops and handling stolen goods
  • summary offences, such as speeding and TV licence evasion, which are heard in a magistrates’ court

This data includes sentences for indictable-only offences and offences that are triable either way. We use the term ‘indictable offence’ in this commentary to cover both types of offence.

Offenders are classified by age group as follows:

  • juveniles are aged under 18 years
  • young adults are aged between 18 and 20 years
  • adults are aged 21 years and over

The data focuses mainly on offenders given an immediate custodial sentence. It also includes information on other sentences like:

  • suspended sentence orders
  • community sentences
  • fines
  • absolute or conditional discharges
  • compensation orders

An extra category of sentence, ‘Otherwise dealt with’, includes offenders given less common sentences that don’t fit into these groups, like spending one day in police cells or being given a guardianship order.

The ethnic categories used in this data

This data uses the following broad ethnic groups based on the 2001 Census:

  • Asian/Asian British
  • Black/African/Caribbean/Black British
  • Mixed/Multiple ethnic groups
  • White
  • Other ethnic group (including Chinese)

There is also a ‘not stated’ category, made up of people whose ethnicity wasn’t known or who chose not to declare it. This analysis excludes those in the ‘not stated’ category (about 1 in 5 offenders).

2. Sentences for indictable offences by ethnicity of offender

Location:
England and Wales
Time period:
2016
Source:
Criminal justice statistics
Number and percentage of offenders sentenced for indictable offences by ethnicity
Ethnicity % (where ethnicity is known) Number sentenced
Asian 5.9 11,685
Black 10.0 19,861
Mixed 3.1 6,076
White 79.7 157,600
Chinese and other 1.3 2,479
Unknown N/A* 44,876

* Not applicable

Download table data for ‘Sentences for indictable offences by ethnicity of offender’ (CSV) Source data for ‘Sentences for indictable offences by ethnicity of offender’ (CSV)

Summary of Sentences and custody Sentences for indictable offences by ethnicity of offender Summary

This data shows that:

  • in 2016, 4 out of 5 (79.7%) of all offenders sentenced for indictable offences were White, not including offenders for whom ethnicity was not known
  • Black offenders accounted for 10.0%, Asian offenders 5.9%, offenders with Mixed ethnicity 3.1%, and Chinese and other offenders 1.3%

3. Custody rate by ethnicity over time

Location:
England and Wales
Time period:
2009 to 2016
Source:
Criminal justice statistics
Custody rate by ethnicity over time
All Asian Black Mixed White Chinese and other
Year All Custody Rate All Number All Total Asian Custody Rate Asian Number Asian Total Black Custody Rate Black Number Black Total Mixed Custody Rate Mixed Number Mixed Total White Custody Rate White Number White Total Chinese and other Custody Rate Chinese and other Number Chinese and other Total
2009 23.4 65,054 277,848 29.0 3,946 13,615 29.1 6,800 23,362 23.2 1,869 8,055 22.2 50,933 229,047 40.0 1,506 3,769
2010 23.9 74,743 312,419 29.4 4,609 15,658 28.4 7,436 26,224 23.0 2,191 9,516 22.9 58,836 256,731 39.0 1,671 4,290
2011 25.9 80,046 308,469 31.1 4,892 15,713 30.4 8,035 26,467 26.6 2,563 9,649 24.9 63,038 252,672 38.3 1,518 3,968
2012 26.6 72,586 272,612 32.1 4,438 13,846 31.3 7,185 22,987 27.6 2,321 8,416 25.6 57,254 223,867 39.7 1,388 3,496
2013 27.0 69,409 256,827 31.0 4,066 13,118 29.4 6,383 21,698 27.9 2,198 7,869 26.3 55,471 210,713 37.6 1,291 3,429
2014 27.7 67,385 242,981 31.9 3,945 12,368 29.8 6,146 20,618 27.8 2,006 7,205 27.1 54,246 199,899 36.0 1,042 2,891
2015 29.1 64,762 222,832 33.5 3,982 11,880 30.6 6,027 19,672 28.4 1,990 7,012 28.5 51,745 181,382 35.3 1,018 2,886
2016 31.3 61,908 197,701 34.6 4,039 11,685 31.3 6,223 19,861 31.6 1,917 6,076 31.0 48,902 157,600 33.4 827 2,479

Download table data for ‘Custody rate by ethnicity over time’ (CSV) Source data for ‘Custody rate by ethnicity over time’ (CSV)

Summary of Sentences and custody Custody rate by ethnicity over time Summary

The ‘custody rate’ is the percentage of offenders given an immediate custodial sentence, out of all offenders being sentenced in court for indictable offences.

This data shows that:

  • from 2009 to 2016, the only ethnic group for whom the custody rate for indictable offences went down was the Chinese and Other group, from 40.0% in 2009 to 33.4% in 2016

  • in the same period, the overall custody rate for indictable offences went up by 5.9 percentage points, from 24.6% to 30.5%

  • the custody rate for indictable offences went up for White offenders (by 8.8 percentage points), Black offenders (by 2.2 percentage points), Asian offenders (by 5.6 percentage points) and offenders of Mixed ethnicity (by 8.4 percentage points)

  • White offenders sentenced for indictable offences had consistently lower custody rates than than Black or Asian offenders

4. Custody rate by ethnicity and age group

Location:
England and Wales
Time period:
2009 to 2016
Source:
Criminal justice statistics
Custody rate by ethnicity and age group over time
All Asian Black Mixed White Chinese and other
Year All Juveniles All Young adults All Adults Asian Juveniles Asian Young adults Asian Adults Black Juveniles Black Young adults Black Adults Mixed Juveniles Mixed Young adults Mixed Adults White Juveniles White Young adults White Adults Chinese and other Juveniles Chinese and other Young adults Chinese and other Adults
2009 9.1 22.9 26.4 10.9 25.4 32.5 11.4 28.3 33.4 10.9 24.6 28.1 8.6 22.1 24.9 14.1 26.6 44.3
2010 8.7 22.6 26.7 12.6 27.6 32.2 11.7 27.7 32.4 10.1 24.0 27.3 7.9 21.5 25.5 11.5 31.7 42.3
2011 10.0 24.3 28.5 13.7 28.4 34.1 13.9 32.0 33.9 10.5 30.0 31.1 9.0 22.6 27.4 13.8 36.7 41.0
2012 9.4 24.0 29.0 11.2 29.6 35.1 14.2 32.1 34.5 10.7 28.1 32.0 8.3 22.1 27.8 14.2 36.6 42.7
2013 9.6 23.7 29.0 11.1 28.4 33.4 12.5 28.9 32.2 11.2 27.0 31.5 8.7 22.4 28.1 10.3 26.7 40.8
2014 9.1 24.7 29.5 10.9 26.5 34.4 11.4 28.1 32.6 10.4 26.7 31.4 8.4 23.8 28.7 9.9 31.8 38.2
2015 10.2 24.9 30.8 15.2 27.4 35.8 12.9 29.3 33.3 9.8 26.0 32.0 9.1 23.7 30.2 15.0 31.3 37.3
2016 10.0 26.7 33.2 13.1 27.3 37.2 11.9 29.1 34.4 10.2 31.1 35.0 9.2 25.7 32.7 11.1 29.5 35.6

Download table data for ‘Custody rate by ethnicity and age group’ (CSV) Source data for ‘Custody rate by ethnicity and age group’ (CSV)

Summary of Sentences and custody Custody rate by ethnicity and age group Summary

The ‘custody rate’ is the percentage of offenders given an immediate custodial sentence, out of all offenders being sentenced in court for indictable offences.

This data shows that:

  • among all age groups and ethnicities, Asian adult offenders had the highest custody rate for indictable offences (at 37.2%)

  • among juveniles, Asian and Black offenders had the highest custody rates, at 13.1% and 11.9% respectively, compared with 9.2% for White juvenile offenders

  • White offenders had the lowest custody rates in all age groups

5. Custody rate by ethnicity and gender

Location:
England and Wales
Time period:
2016
Source:
Criminal justice statistics
Custody rate by ethnicity and gender
Male Female
Ethnicity Male Rate (%) Male Number sentenced Female Rate (%) Female Number sentenced
All 33.3 56,623 19.2 5,199
Asian 35.5 3,911 19.9 126
Black 32.3 5,853 21.0 354
Mixed 33.1 1,762 20.4 150
White 33.2 44,328 19.0 4,511
Chinese and other 35.0 769 20.9 58

Download table data for ‘Custody rate by ethnicity and gender’ (CSV) Source data for ‘Custody rate by ethnicity and gender’ (CSV)

Summary of Sentences and custody Custody rate by ethnicity and gender Summary

The ‘custody rate’ is the percentage of offenders given an immediate custodial sentence, out of all offenders being sentenced in court for serious indictable offences.

This data shows that:

  • across all ethnic groups, female offenders had a lower custody rate for indictable offences than male offenders of the same ethnicity

  • the custody rate for Black female offenders was 21.0%, 2 percentage points higher than for White female offenders (19.0%)

  • the custody rate for Asian male offenders was 35.5%, over 3 percentage points higher than for Black male offenders (32.3%)

6. Type of sentence by ethnicity of offender

Location:
England and Wales
Time period:
2016
Source:
Criminal justice statistics
Number and percentage of sentences by ethnicity of offender and type of sentence
All Asian Black Mixed White Chinese and other
Outcome All % All Number sentenced Asian % Asian Number sentenced Black % Black Number sentenced Mixed % Mixed Number sentenced White % White Number sentenced Chinese and other % Chinese and other Number sentenced
Immediate custody 31.3 61,908 34.6 4,039 31.3 6,223 31.6 1,917 31.0 48,902 33.4 827
Suspended sentence 16.5 32,709 16.5 1,924 13.9 2,760 14.6 888 16.9 26,709 17.3 428
Community sentence 20.5 40,441 19.8 2,315 20.6 4,096 22.7 1,377 20.4 32,204 18.1 449
Fine 17.0 33,664 18.9 2,204 22.0 4,369 18.4 1,118 16.2 25,493 19.4 480
Absolute discharge 0.4 796 0.2 28 0.3 53 0.2 11 0.4 697 0.3 7
Conditional discharge 10.4 20,535 7.1 830 9.0 1,793 9.3 565 10.9 17,136 8.5 211
Compensation 0.7 1,322 0.3 32 0.2 41 0.5 31 0.8 1,216 0.1 2
Otherwise dealt with 3.2 6,326 2.7 313 2.6 526 2.8 169 3.3 5,243 3.0 75

Download table data for ‘Type of sentence by ethnicity of offender’ (CSV) Source data for ‘Type of sentence by ethnicity of offender’ (CSV)

Summary of Sentences and custody Type of sentence by ethnicity of offender Summary

This data shows that:

  • in 2016, 197,701 offenders (whose ethnicity was known) were sentenced in court for indictable offences – of those, 31.3% were given an immediate custodial sentence, 20.5% were given a community sentence, 17.0% were fined and 16.5% received a suspended sentence order

  • the most common sentence for indictable offences for all ethnicities was immediate custody

  • of all ethnic groups, Asian offenders had the highest percentage given an immediate custodial sentence (at 34.6%), Black offenders had the highest percentage of fines (22.0%), and White offenders had the highest percentage of conditional discharges (10.9%)

7. Custodial sentences by ethnicity of offender and type of offence

Location:
England and Wales
Time period:
2016
Source:
Criminal justice statistics
Number and percentage of custodial sentences by type of offence and ethnicity of offender
Asian Black Mixed White Chinese and other Not stated
Offence Asian % Asian Number sentenced Black % Black Number sentenced Mixed % Mixed Number sentenced White % White Number sentenced Chinese and other % Chinese and other Number sentenced Not stated % Not stated Number sentenced
Violence against the person 16.7 673 13.9 868 17.7 340 17.1 8,360 11.2 93 13.1 1,572
Sexual offences 7.7 313 3.9 241 2.7 51 6.1 2,996 8.7 72 6.2 750
Robbery 3.8 154 5.8 358 5.6 107 3.7 1,823 3.4 28 3.0 359
Theft offences 18.0 728 22.6 1,408 29.6 567 38.5 18,845 23.5 194 31.5 3,789
Criminal damage and arson 0.6 26 0.4 24 0.5 10 1.0 473 0.8 7 0.8 91
Drug offences 20.5 829 23.4 1,458 16.7 320 9.4 4,586 22.1 183 12.3 1,484
Possession of weapons 4.7 190 10.4 648 8.9 171 4.8 2,358 6.7 55 4.5 544
Public order offences 7.1 286 5.3 327 5.4 104 6.7 3,260 3.3 27 6.5 788
Miscellaneous crimes against society 16.1 652 10.9 678 10.7 205 10.5 5,153 16.3 135 16.5 1,983
Fraud offences 4.7 188 3.4 213 2.2 42 2.1 1,048 4.0 33 5.7 682

Download table data for ‘Custodial sentences by ethnicity of offender and type of offence’ (CSV) Source data for ‘Custodial sentences by ethnicity of offender and type of offence’ (CSV)

Summary of Sentences and custody Custodial sentences by ethnicity of offender and type of offence Summary

The data shows that:

  • 23.4% of Black offenders and 20.5% of Asian offenders were given their custodial sentences for drugs offences, compared with 9.4% of White offenders

  • 38.5% of White offenders were given their custodial sentence for theft, compared with 22.6% of Black offenders and 18.0% of Asian offenders

  • criminal damage and arson accounted for the lowest percentage of custodial sentences in all ethnic minority groups

8. Methodology

The analysis uses administrative data from courts.

Rounding

Percentages are rounded to 1 decimal place.

Related publications

Race and the criminal justice system

Quality and methodology information

9. Data sources

Source

Type of data

Administrative data

Type of statistic

National Statistics

Publisher

Ministry of Justice

Publication frequency

Quarterly

Purpose of data source

The data is used by the government to develop, monitor and evaluate criminal justice policy. It reports on activity in the criminal justice system for England and Wales, giving information for the latest year and longer-term trends.

10. Download the data

Sentencing outcomes by ethnicity - Spreadsheet (csv) 4 KB

This file contains the following: ethnicity, outcome, number sentenced, denominator, value.

Custody rate by age - Spreadsheet (csv) 6 KB

This file contains the following: year, ethnicity, age group and custody rate.

Sentencing by ethnicity - Spreadsheet (csv) 268 bytes

This file contains the following: ethnicity, number sentenced, value and denominator.

Custody rate by gender - Spreadsheet (csv) 900 bytes

This file contains the following: ethnicity, sex, value and count.

Custody rate by ethnicity - Spreadsheet (csv) 4 KB

This file contains the following: year, sentence outcome, ethnicity, sex, custody rate, count, denominator.

Publication release date: 23 January 2018

Updated: 2 March 2018

full page history
  1. Minor updates for style and accuracy
  2. First published

From: Ministry of Justice

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