Women and Criminal Justice
Corston, Baroness Jean, “The Corston Report: A Review of Women with Particular Vulnerabilities in the Criminal Justice System” 2007
Three categories of vulnerabilities for women:
Domestic circumstances and problems such as domestic violence, child-care issues, being a single parent
Personal circumstances such as mental illness, low self-esteem, eating disorders, substance misuse
Socio-economic factors such as poverty, isolation, and unemployment
There needs to be a fundamental re-thinking about the way in which services for this group of vulnerable women, particularly for mental health and substance misuse in the community are provided and accessed
Men and Women; Equal Outcomes Require Different Approaches – The Need for a Distinct Approach
April 2007, government started having statutory duty to take positive action to eliminate gender discrimination and promote equality under the Equality Act
Equality does not mean treating everyone the same
Equality must embrace not just fairness but also inclusivity
Fundamental differences between male and female offenders and those at risk of offending that indicate a different and distinct approach is needed for women:
Women with histories and abuse are over-represented in the CJS and can be described as victims as well as offenders
Proportionately more women than men are remanded in custody
Women commit a different range of offences from men
Commit more acquisitive crime and have a lower involvement in serious violence, criminal damage, and professional crime
Relationship problems feature strongly in women’s pathway into crime
Mental health problems are far more prevalent among women in prison than in the male prison population or in the general population
Women prisoners are far more likely than men to be primary carers of young children and this factor makes the prison experience significantly different for women than men
Alternative Sanctions – The Need for a Proportionate Approach
More is needed by way of alternative sanctions and disposals, which are gender specific and in which sentencers have confidence
Much more needs to be done to divert low-level offending women not just from court but also from prosecution
E.g. need more flexibility around breaches of community orders
Problems that lead to offending (drug addiction, unemployment, unsuitable accommodation, debt) are all far more likely to be resolved through casework, support and treatment than by being incarcerated
Community sentences which are already available to sentencers could be used more widely and effectively for women
There is a distinction to be drawn between serious breach of licence and poor time-keeping
Prison Without Walls – The Need for a Holistic, Woman-Centred Approach
Women’s community centres like Asha and Calderdale have found the right way to treat women and that their work must be extended and built on as a real alternative to prison
Broad approach: treat each woman as an individual with her own set of needs and problems and to increase their capacity to take responsibility for their lives
Recognise the impact that victimisation and isolation by disadvantage can have on a woman’s circumstances and behaviour
Women’s Health and Well-Being – The Need for an Integrated Approach
Prison is being used to contain those for whom there is no proper provision outside prison, or who have already been excluded from society – and prisons are being asked to do this on the cheap
Clear that mental health services in the community are failing to adequately address the mental health needs of women
Female Offender Strategy 2018
The case for change:
Criminalising vulnerable individuals has broader negative social impacts
Coming into contact with CJS can undermine the ability of women to address the issues that have caused their offending
Many have difficulty maintaining employment and accommodation whilst in the CJS
Short custodial sentences do not deliver the best results for female offenders
Over of women sentenced to custody receive sentences of fewer than 12 months
56.1% of adult women released from custody between April and June 2016 reoffended within a year, with 70.7% of women reoffending following a short custodial sentence (<12m)
Persuasive evidence that short custodial sentences of less than 12 months are less effective in reducing reoffending than community penalties
Good community management works
Many female offenders could be more successfully supported in the community, where reoffending outcomes are better
Community orders also offer the opportunity to support female offenders to engage in employment, and secure stable accommodation
Parliamentary vision and strategic priorities:
Fewer women coming into the CJS
Fewer women in custody (especially on short-term sentences) and a greater proportion of women managed in the community successfully
Better conditions for those in custody
Our commitment
Invest 5 million of cross-Government funding over two years in community provision for women
Work with local and national partners to develop a pilot for “residential women’s centres” in at least five sites across England and Wales
We are committed to reducing the number of women serving short custodial sentences
Booth, N et al “Can the Female Offender Strategy Deliver?” 2018
Strategy ought to have clearly outlined the specific pathways, resources, and changes to lead to improvements in the current system – various areas of concern
Tone and language used in certain instances is disappointing:
E.g. concept of “productive citizens” reinforces negative images of women
Poorly evidenced assumptions from the male estate regarding intergenerational offending are being regurgitated with little consideration to the application to maternal incarceration
Strategy is vague – e.g. does not provide the mechanics for how it will be operationalised, with ambiguous proposals that strive to be both “locally-led”...
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