REDUCED FOR BRADFORD RIOTERS
By Arun Kundnani, Reprinted by permission of the IRR.
what has effectively become a test case for the sentencing of hundreds
of Asians charged with participating in the Bradford riot of July
2001, the Court of Appeal has ruled that four individuals were given
excessive sentences but a further eleven did deserve terms of between
four and six-and-a-half years.
a two-day hearing, Michael Mansfield QC highlighted the 'matrix
of fear' which the Asian community was under, a factor explicitly
ignored by the original judgment. But Lord Justice Rose, sitting
with two other appeal judges, did not make any direct criticism
of Judge Gullick, the Recorder of Bradford, who passed most of the
did, however, describe as 'unfortunate' Gullick's statement that
he was 'not concerned with the origins of the violence'. If, by
that, Gullick meant that the causes of the riot were irrelevent
to the court, then he was wrong, said Rose. The Court of Appeal
ruled that the riot was almost certainly triggered by the stabbing
of an Asian man in central Bradford and that 'the Asian community
was understandably concerned to defend itself against right-wing
Rose added, as events unfolded, what had begun as a spontaneous
reaction became marked by pre-meditation. The riot then became directed
at the police who were trying to move Asians out of central Bradford
into the Manningham area, the heart of Bradford's Pakistani community.
Rose condemned the 'defiance of the young' which, he said, resisted
the peacemaking efforts of Asian elders.
mothers and sisters of those serving sentences were left in tears
and said they were devastated by the verdict. They had organised
a campaigning group - Fair Justice For All - to demand proportionate
sentencing. High-profile supporters, such as actor Art Malik and
musician Aki Nawaz, had offered their support and Imran Khan became
their solicitor. Lord Ouseley, who had produced a widely respected
report on the racial problems faced by Bradford, also warned that
the long sentences would do little to help heal the city's wounds.
The campaigners accepted that custodial sentences were appropriate
but drew attention to the much lower sentences given to white youths
who rioted on the Ravenscliffe Estate, one day after the Manningham
riot. Last year, David Blunkett denounced the Fair Justic For All
campaigners as 'maniacs' who were 'whining' about the sentences.
than a hundred Asians have now been convicted of riot for involvement
in the Bradford disturbances. The majority have handed themselves
in to the police, pleaded guilty and had no relevant previous convictions.
Most have been sentenced to between four and six-and-a-half years.
Under 18s have been given between six and eighteen months detention.
guidelines laid down by the Court of Appeal this week indicate that,
given the particular circumstances of this riot, somebody present
for a short period who threw stones at the police, should expect
a sentence of five years (before any discount for a guilty plea).
Someone whom a court finds to be a ringleader should expect a sentence
of ten years (before any discount).
the courts would reduce the sentence by a third if the defendant
offered a guilty plea. But the Appeal Court judges ruled that a
discount of less than a third should apply in cases such as these,
where the evidence against the defendants was overwhelming. Evidence
collected from CCTV footage has proved pivotal in all the trials
of Bradford rioters.
the basis of these guidelines, four of the defendants were entitled
to have their sentences reduced because of individual factors, rather
than any general concession. Shakeel Qazi's sentence was reduced
from four years to two years, in recognition of his diminished responsibility
- Shakeel, 22, suffers from bipolar affective disorder. Shazad Ali,
22, had his sentence reduced from four years to three, because of
his short involvement and his having a place at university. Parvais
Najeeb, 28, had his sentence cut from four years to three and Mohammed
Maskin, 27, had his cut from two years and nine months to two years.
Khan said that the Court of Appeal verdict meant that 'the context
in which the riots took place should have been taken into account
and we hope that those who have yet to be sentenced in relation
to the riots will be appropriately dealt with'. Around another twenty
people, charged with involvement in the Bradford riot and also being
represented by Imran Khan, are still awaiting trial.
almost all the defendants have so far pleaded guilty, many issues
regarding the events of 7 and 8 July 2001 have yet to emerge in
a courtroom to be tested in front of a jury. In particular, campaigners
believe that the issue of police tactics has not been fully examined.
In October 2002, a jury acquitted a group of Asian men of a charge
of violent disorder, on the basis that, during the riot in Burnley
in June 2001, they were legitimately carrying weapons and acting
in self-defence because of the failure of the police to adequately
protect them from white racists.
here to visit the Institute
of Race Relations (IRR) website.