Submission to the Committee on the Elimination of Racial Discrimination

Release authored a joint shadow report alongside Amnesty, IDPC, HRI and Unjust UK to the UN Committee on the Elimination of Racial Disparities (CERD) who are reviewing the state’s racial disparity within the context of drug policy and its enforcement within England and Wales in July 2024.

This report focuses on the discriminatory application of drug law enforcement in England and Wales for children and adults alike, highlighting not only the experiences of those who are brought into contact with the criminal legal system but how discriminatory practices are playing out within educational and health settings. Research indicates that decriminalisation of use, possession, cultivation and acquisition of drugs for personal use can reduce contact between police and Black communities.

Key Findings:

Disproportionate impact on racialised communities: Drug law enforcement in England and Wales disproportionately affects Black communities, leading to higher rates of policing, prosecution, and incarceration.
Racial profiling: Black people face significantly higher rates of stop and search for drug-related offenses, with statistics showing they are five times more likely to be stopped compared to white counterparts.
Inequitable criminal justice outcomes: Black people are over-represented in drug-related prosecutions and face heavier sentencing compared to white offenders, reinforcing systemic racial biases within the criminal justice system.
Use of force and strip searches: Black people experience a higher likelihood of excessive force during police interactions and are disproportionately subjected to invasive search practices, including strip searches, especially among children and young male adults.
Health disparities: Black and other minority groups face barriers to accessing harm reduction and drug dependence treatment services, exacerbating health inequalities.
Impact of cannabis criminalisation: The enforcement of cannabis laws serves as a significant driver of racial disparity, with Black people being disproportionately prosecuted for possession offenses.
Disruption of social stability: The criminalisation of drug use negatively impacts housing security and increases risks of eviction, particularly among marginalised communities.

Recommendations:

Decriminalisation: Urgently decriminalise the use, possession, cultivation, and purchase of all drugs for personal use to reduce policing on racialised communities.
End discriminatory policing: Address and eliminate the disproportionate impact of policing practices on minorities, including stop and search, sentencing and arrests.
Repeal legislative changes: Revoke the 2022 amendments concerning out-of-court disposals and ensure that the two-tier framework of community resolutions or conditional cautions are not enacted.
Policy changes in schools: Remove police presence in schools who conduct drug searches that disproportionately target racialised students.
Regulate search practices: Prohibit the use of “smell of cannabis” as a basis for strip searches, especially when strip searching children.
Data collection: Enhance monitoring and collection of disaggregated data on law enforcement practices to track the uneven application of criminal sanctions.
Increased access to health services: Expand harm reduction and treatment services specifically catering to the needs of Black and minority communities.
Housing rights: Review and revise laws and policies that restrict housing access for people facing drug-related legal issues, safeguarding their right to adequate housing.
Harm Reduction Approach: Implement constructive health and harm reduction strategies that support rather than criminalise people who use drugs.