AYJ Response: Crown Prosecution Service consultation on “gang” related offences guidance and musical expression in evidence
The AYJ has responded to a Crown Prosecution Service (CPS) consultation on its guidance on “gang” related offences and the use of musical expression as evidence in prosecutions. The consultation seeks views on how CPS guidance can support fair and consistent decision-making while addressing concerns about racial bias and the use of material such as drill music in criminal proceedings. The AYJ consulted with members to gather their views and inform the response.
The response raises concerns about the continued use of the term “gang”, arguing that it is ill-defined and inconsistently applied, and can shape police intelligence, charging decisions, and courtroom narratives, contributing to racial disproportionality in the justice system. It argues that the CPS should not define the term in guidance and should abolish separate “gang” guidance, or ensure that any future approach addresses the structural issues identified in the response.
It also supports removing references to drill music from existing guidance and developing separate guidance on the use of musical expression as evidence, with clear safeguards and contextual understanding to prevent the misuse of artistic material in prosecutions.