Cumulative Disadvantage: Ethnic Inequalities in Criminal Court Proceedings in England and Wales

Abstract Scholarship on ethnic disparities in the criminal justice system has predominantly focused on disparities at a single decision-making point, mainly at sentencing, while earlier decision points remain underexamined or are studied in isolation to sentencing decisions. Using linked Ministry of Justice Data First datasets from criminal courts in England and Wales, this study assesses ethnic disparities at multiple decision points—from pre-sentencing to sentencing. Findings from multilevel logistic regression models demonstrate ethnic disparities across decision points, evidencing more pronounced disparities at pre-sentencing stages. Black and mixed ethnicity defendants consistently experience more disadvantaged outcomes, being more likely to be detained prior to trial, plead not guilty and to receive a prison sentence than white British defendants. Defendants from ethnic minority groups are shown to have substantially higher probabilities of disadvantaged combinations of remand, plea and sentencing outcomes than their white British counterparts, suggesting they are more likely to experience cumulative disadvantage in the justice system.