Criminal Justice System: Women

Lord Ponsonby of Shulbrede Excerpts

Thursday 25th July 2019 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I, too, welcome this debate and the report of the noble Lord Farmer. It was a full and sensible report, with many practical recommendations for supporting female offenders as they pass through the criminal justice system. I remind the House that I sit as a magistrate in adult, youth and family jurisdictions, and it is a great pleasure to follow the noble Baroness, Lady Sater, as we sat on the same youth panel for a number of years.

I shall concentrate on the purpose and utility of short sentences for women—I am talking about sentences of six months or less. The current position will be well known to participants in today’s debate, but I shall briefly set out some of the statistics, many of which other noble Lords have referred to.

There are 78,000 men in prison in England and Wales and 4,000 women. Shoplifting is the most common offence for which women are imprisoned. Statistics from the Revolving Doors Agency indicate that three in five women report drug or alcohol dependency when arriving in prison—that is a higher proportion than for men; one in four are homeless when they are released; seven in 10 reoffend within one year of release; and eight in 10 of those convicted of theft reoffend within one year of release. Many agencies agree on the common factors among women prisoners. They are more likely than men to self-harm when in prison; custodial sentences increase the risk that dependent children will also fall into a life of crime; and more than half of women prisoners have experienced domestic abuse.

In a speech earlier this year, David Gauke said—I think quite frankly—that the impact on women of short custodial sentences was “particularly significant” and that they often caused,

“huge disruption to the lives of their families”.

He said that he believed there was a strong case for abolishing short sentences.

My response to that advocacy—if I may put it like that—is that I still think that short sentences have a place. One hundred per cent of the women whom I have put in custody have been through multiple community orders and, for one reason or another, have either reoffended or failed to comply with the elements of the order. In my experience—I agree on this with the noble Baroness, Lady Sater—magistrates are acutely aware of the impact. Although it may not be a statutory requirement, it is certainly common practice for there to be a full report, and one would see the impact of putting a woman in custody. However, sometimes, where there are multiple failures of community sentences, that is really the only option available to a sentencing magistrate.

There could be unfortunate side-effects if, for example, sentences of six months or less for women were banned. One would be to undermine community orders themselves if women knew that there was no way they would be sent into custody if they did not comply with the provisions of the order. Another unintended consequence could be—I am not saying this would happen—that women’s sentences would be increased to get to the minimum threshold. That would be an undesirable effect of a minimum sentence.

The whole purpose of the supervision element in the Offender Rehabilitation Act 2014—12 months supervision after a short sentence—was to reduce reoffending: men or women who got short sentences would be supported by the probation services for 12 months. It would be easy to make comments about the Government’s approach to probation and the car crash of the reform the probation service. However, the problems of non-compliance with community orders have always been present, as long as there have been such orders. They were certainly present in the previous probation regimes that I was aware of. The particular vulnerabilities of women in this group have also been well understood—although the importance of domestic abuse is more apparent now than perhaps it was in the past.

I support all the elements of the Government’s female offender strategy to reduce the women’s prison population and to recognise women’s distinct needs. However, it is important that this is properly funded, so that the strategy has a full opportunity to take effect. The noble Baroness, Lady Sater, talked about the importance of women’s centres. I wholly agree with her. My own area of Hammersmith, in London, has the Minerva women’s centre. I have visited it a number of times and, as far as I can see, it is very effective in dealing with women, on both a voluntary and a statutory basis, to try to reduce reoffending. Will there be a commitment on the part of the Government that each of the 11 new probation areas will have specialist women’s support and that that will be a requirement when putting together support packages in those areas?

On one point I differ from the noble Lord, Lord Farmer, and the noble Baroness, Lady Sater. It is a note of caution on the role of video or Skype links for mothers with children, based on my experience in the family courts. I absolutely understand and support the point that this is, or can be, a good way of maintaining family relationships. However, I deal with this type of arrangement for people in prison and for families where the parents have split up and, unfortunately, the arrangements can lead to further conflict if not sensitively handled. They can undermine the person who is actively caring for the child. From what I have been told, the children can find doing these regular Skype conferences a burdensome obligation. So they are desirable but they need to be managed in a sensitive way. This certainly happens in the family courts system; there are programmes to allow children to either maintain or restart relationships. But beyond that, I support the recommendations of the noble Lord.