Introduction
The most recent subgenre of rap music, known as “drill music”, is becoming increasingly common as admissible evidence in the Crown Court. The term "drill" is street slang referring to the use of firearms. Such music is characterised by violent lyrics depicting gang rivalries. Drill rap lyrics were used as evidence against 252 defendants between 2020 and 2023, predominantly in London and Manchester. One of the most famous examples occurred in 2020 whereby rapper "Unknown T" faced trial for murder charges. The volume of appeals submitted due to prejudicial use of drill music has tripled in recent years.
How is it Used?
Both lyrics and appearances in music videos have been adduced at trial as bad character evidence, which Section 98 of the Criminal Justice Act 2003 defines as "evidence of, or of a disposition towards, misconduct other than evidence which has to do with the alleged facts of the offence with which the defendant is charged’ or "is evidence of misconduct in connection with the investigation or prosecution of that offence". Only relevant evidence can be admissible and bad character evidence is only admissible through one of the gateways set out in sections 101(1)(a)–(g). Drill music is mostly admitted under section 101 (1) (d) as "evidence relevant to an important matter in issue between the defendant and the prosecution" to show intention, state of mind, or motive. There are no specific safeguards in place in relation to drill music, and admitting such evidence is a matter of judicial discretion.
What are the Dangers?
The most prominent concern is miscarriages of justice. Musical lyrics are embellishments that inaccurately depict an individual's everyday life and mindset. It is impossible to determine how much weight juries give this evidence since reasons do not accompany their decisions to convict. Encouraging a jury to take these lyrics at face value risks a defendant being convicted based on his or her perceived character as opposed to their genuine propensity to commit crime.
There is also an inherent risk that specific racial groups will be prejudicially targeted. The campaign group "Art Not Evidence" condemn this use of rap music, arguing that it "disproportionately affects black young men" by acting as a vessel to bring racist stereotypes into the courtroom. Rap music serves as an expression of black culture, and there is a danger that such creative expression will be restricted out of fear by artists that their music will be weaponised against them.
What Needs to Change?
Imposing a blanket ban on the use of drill lyrics and videos in every trial is simply unrealistic, since there will be instances where this music has genuine probative value. Yet, more stringent safeguards need to be implemented in admitting such evidence. Judges should be cautious in deciding that general criminal references have to do with the alleged facts of an offence, given that they are rarely self-referential depictions of events. In instances where it is allowed in, juries need to be appropriately directed as to the risk of stereotyping before the evidence is tendered and during judicial summing up. The courts could also benefit from making greater use of experts to explain the conventions of rap, and that drill content is often driven by fictitious references to violence, firearms and gangs.