Criminal Justice System: Women

Baroness Sater Excerpts

Thursday 25th July 2019 Lords Chamber

[Baroness Sater (Con)]

My Lords, I am most grateful for the opportunity to speak in this important debate. It touches on issues with which I was closely aligned before coming to this House. I am grateful to my noble friend Lord Farmer for introducing this excellent debate and conducting this new review, further to his very good review in 2017. It makes important recommendations that highlight the need to address the specific circumstances of female offenders. In particular, I wholeheartedly agree with my noble friend that the promotion of strong family ties and other relationships must be the golden thread running through the whole criminal justice system. Prisoners who receive family visits are, as previously mentioned, 39% less likely to reoffend. Research suggests that these relationships are even more important for women than men. We cannot ignore this significant figure.

Furthermore, according to the Office for National Statistics, 22% of females in prison are serving sentences of less than 12 months, compared with 9% of males. Sadly, women are easily caught in the so-called revolving door, with short prison sentences. They lose their homes and often custody of their children, which exacerbates a downward spiral into more serious offences and an inability to secure the vital employment they need. Prison is and should continue to be the appropriate option for women who commit serious crimes. However, for those who commit less serious, non-violent offences, there are alternatives.

As mentioned before, last year I too visited the Nelson Trust women’s centre in Gloucester. It is clear to me that female offenders are among the most vulnerable in our society. As part of the female offender strategy launched last year, the Government committed to working with local and national partners to develop a residential women’s centre pilot in at least five sites across England and Wales, offering an alternative to short custodial sentences. As per the Minister’s Written Statement last month, I am pleased that the Government have recently concluded the first phase of the consultation to inform the scope of the project, and will now continue to consult to refine the design and delivery of the pilot. This is encouraging.

A 2015 Ministry of Justice report found that the reoffending rate for female offenders who received support from women’s centres was lower compared with those who did not. We also know that women’s centres are a more cost-effective way of rehabilitating women than prison. Women’s centres provide an opportunity for a different path, and I strongly believe that the women’s centre model will deliver positive outcomes for more female offenders through the entire criminal justice system.

I will now speak to my noble friend Lord Farmer’s suggestion of making pre-sentence reports mandatory for all female and male primary carers before a custodial sentence is passed. I served as a magistrate for more than 20 years and, as I have said before in this House, one of the most difficult duties a magistrate faces is, where there is no alternative, to send an offender to prison. It is not a decision that is ever taken lightly, particularly when imprisoning women who have children, because of the often damaging impact that such a sentence can have on these relationships. Further, while it is important to recognise that women are likely to be the primary carer, we should also consider these recommendations for men.

When I was in the youth court, I saw first hand how essential pre-sentencing reports were in helping us come to our decision from a more informed viewpoint. I would support mandatory pre-sentencing reports for those cases where there is an opportunity for a different path to custody.

I recognise that any change in the law would increase the workload of the national probation service. However, if this measure helps break the cycle of reoffending by properly addressing and considering the vulnerability of many female offenders and their families, it is certainly worth progressing.

We must also pay more attention to the children of offenders, as previously mentioned. According to the Prison Reform Trust, 17,000 children per year are affected by maternal imprisonment, only 5% of children remain with their family when a mother goes to prison, and only 9% are cared for by their father. I was therefore pleased to see the Sentencing Council highlight to courts in its new Overarching Principles guideline the necessity of considering the effect of a sentence on dependants and ensuring that a court has the information it needs. The council also states that a PSR should be obtained when a community order or custodial sentence is being considered for any offender who has, or may have, caring responsibilities. These are welcome steps.

When considering my noble friend Lord Farmer’s recommendations regarding video-conferencing facilities and in-cell telephones, it is important to recognise, as I have mentioned previously, that prisoners who receive family visits are 39% less likely to reoffend. Maintaining these relationships can only reduce intergenerational offending.

I strongly support the recommendation that women’s prisons be prioritised for the rollout of virtual visits given the positive impact that they can have on dependants, especially when so many women offenders are primary carers whose children are likely to live far away. We can all sympathise with a child who wants to be with and speak to their mother on the first day of school, on their birthday or when they receive exam results. Video-linking and in-cell telephones will help reduce the trauma of separation, maintain relationships between offenders and their dependants; in turn, improving outcomes after they leave prison. Such facilities must of course be properly monitored and judged on a case-by-case basis.

Virtual visits should not be viewed as an alternative to face-to-face visits. They should be an addition to the ongoing rehabilitation of offenders through maintaining relationships with their dependants. Children do not deserve the punishment that might occur from their parents’ behaviour, nor to endure the generational cycle of offending. We owe it to them to support recommendations that will make their lives better and provide them with better life opportunities. We must recognise the importance of maintaining relationships between offenders and their children, family members and friends.

Tailoring interventions and the treatment of women within the criminal justice system is vital. Only then can we provide them with the appropriate environment to address their needs. Let us remember that this in turn will mean less reoffending, fewer victims of crime and a healthier society for all.