People who commit a crimes but have foreign roots and no college education are three times as likely to be sentenced to jail than the native Dutch suspected of the same crime with a university degree, an analysis of CBS figures by broadcaster NOS and investigative journalism platform Investico has shown.

NOS and Investico looked at 1.2 million decisions by public prosecutors, half a million rulings by judges and 200,000 sentences in cases ranging from pickpocketing to assault and murder.

The analysis showed having foreign roots leads to more prosecutions, more convictions and more custodial sentences. People with a migration background have a 23% chance of ending up in jail, compared to just 8.3% for the college educated ethnic Dutch.

Judges were most often led by the level of education of the suspect, but background also played a role in sentencing. The figures do not take into account if a suspect has earlier convictions which would result in a higher sentence.

It is the first time the inequality in treatment by the courts has been investigated. Apart from analysing the CBS figures, NOS and Investico also talked to prosecutors, judges and lawyers.  Many in the judiciary said judges take the suspect’s personal circumstances into account when sentencing.

Court spokesman Jacco Janssen said the judge looks at a suspect’s work, living conditions and relationships. “When it comes to deciding between community service and a custodial sentence and people have a job, the judge will try to save the job. If they don’t it will make matters worse and that doesn’t benefit society,” he said.

Lawyers question the process, saying that people who are sent to jail will be put at an even greater disadvantage. “They don’t qualify for a declaration of good behaviour and they will have to account for their time in jail at every turn, whether it’s in a job interview or to qualify for housing,” lawyer Milan van Hulst said.

In a written reaction the Council for the Judiciary, which represents the judges, said judges are not always able to prevent “subconscious prejudices” from influencing their decisions but that this is a “pitfall” that is being “reflected on” continuously.

“It is for the judges to decide what is a fitting sentence, with the best effect on the perpetrator and society. Discrimination or class justice is contrary to the principles of justice. Every suspect has the right to a fair trial,” the council said.

The council also said the results of the analysis coincide with findings from earlier investigations.

The public prosecution did not react to the findings but said that “punishment is not a question of calculations or statistics but is based on balance and practical practical sense.”

The justice ministry said its research arm WODC had recently started an investigation into the over-representation of people with foreign roots in criminal cases, which will include prejudice based on a suspect’s socioeconomic circumstances.