On the proposed requirement for prosecutors to consider "unconscious bias" when charging ethnic minority suspects

I am writing on behalf of the Great British PAC to express our profound concern regarding reports that Crown prosecutors are to be instructed to consider their own "unconscious bias" before making charging decisions involving suspects from ethnic minority backgrounds.

The principle at stake here is far greater than any single policy change. It goes to the very heart of British justice.

For centuries, this country has sought to build a legal system founded upon a simple but powerful idea: that every individual stands equal before the law. The long arc of British constitutional history - from the signing of the Magna Carta in 1215, through the development of parliamentary democracy, the establishment of an independent judiciary, and the modern rule of law — has been a continual effort to move away from arbitrary justice and towards equal treatment for all.

The image of Lady Justice wearing a blindfold is not accidental. It symbolises the principle that justice should not see race, religion, wealth, status, political affiliation, social background or any other characteristic. It should see only the evidence.

The British people instinctively understand this. They expect prosecutors to ask one question above all others: is there sufficient evidence to justify a charge?

They do not expect prosecutors to consider whether the suspect belongs to one ethnic group or another before applying the law.

If prosecutors are instructed to approach cases differently based on the ethnicity of those involved, even with the best of intentions, the inevitable consequence is that confidence in equal justice will be undermined. The public will rightly ask whether identical cases are being treated differently because of factors unrelated to the evidence itself. That is a dangerous road to travel.

The answer to any evidence of unfairness within the criminal justice system cannot be to introduce new forms of differential treatment. Two wrongs do not make a right. If bias exists, it should be identified, evidenced and addressed directly. It should not become the justification for introducing considerations of race into charging decisions.

The law must remain colour-blind if it is to command the confidence of all communities.

Britain's legal tradition has long rejected the idea that justice should vary according to birth, background or identity. Indeed, one of the greatest achievements of our civilisation has been the gradual replacement of privilege and prejudice with equal treatment under a common law.

At a time when trust in public institutions is already under strain, the Crown Prosecution Service should be strengthening public confidence in impartiality, not creating the perception that different standards may apply to different groups.

We would therefore be grateful if you could provide the evidence underpinning this proposal, explain how "unconscious bias" has been defined and measured in this context, and clarify what safeguards will exist to ensure that charging decisions continue to be based solely on evidence and the public interest.

Most importantly, we urge the CPS to reconsider this proposal entirely.

Justice must not merely be fair. It must be seen to be fair.

The blindfold worn by Lady Justice has served our country well for generations. It should not now be removed.