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 deeply racialised, ill-defined, and inconsistently applied. It argues that the CPS should not define the term in guidance and should abolish separate “gang” guidance. However, having no guidance is also problematic, as it leaves these narratives unchallenged. The CPS must confront the ways the “gang” label is embedded in policing, intelligence practices, charging decisions, and prosecution strategies. Simply relying on “unconscious bias” guidance does not address the scale, depth, or significance of the systemic and institutional processes that racialise Black children and communities.
The response 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.