Women: Custodial Sentences

Baroness Healy of Primrose Hill Excerpts

Thursday 26th June 2014 Grand Committee

Asked by

[Baroness Healy of Primrose Hill]

To ask Her Majesty’s Government what measures are being taken to reduce the number of women given custodial sentences.

[Baroness Healy of Primrose Hill (Lab)]

My Lords, I have asked for this debate because we have one of the highest rates of women’s imprisonment in western Europe. The human, social and financial costs are considerable. Women in prison are 10 times more likely than men to harm themselves, most women are in prison for short periods and they have very high reconviction rates, which demonstrate that for many women prison is neither rehabilitative nor a deterrent.

There is a growing consensus that most of the solutions to women’s offending lie outside prison walls in treatment for addictions and mental health problems, protection from domestic violence and coercive relationships, secure housing, debt management, education, skills development and employment. Community services enable women to take control of their lives, care for their children and address the causes of their offending. I am quoting the Prison Reform Trust, for whose briefing I am most grateful.

The statistics are worth highlighting. On 20 June this year, there were 3,899 women in prison, accounting for 5% of the total prison population. Last year, 7,008 women were sentenced to custody in England and Wales. The number of women remanded to custody is disproportionately high, with 60% of women received into custody each year being on remand. There were 715 in March this year. Yet 70% of these women do not go on to be convicted or to receive a custodial sentence. They and their families will have suffered serious disruption by being put on remand for an average of four to six weeks. The type of crime committed by women is mostly non-violent. In the last quarter of 2013, eight in 10 women entering prison under an immediate custodial sentence had committed non-violent crimes. Theft from a shop is the primary driver of women’s imprisonment, accounting for 35% of all custodial sentences. In 2013, the average sentence for this offence was less than two months. In 2013, more females were received into prison under an immediate custodial sentence for theft and handling than for the offences of violence against the person, robbery, sexual offences, burglary, fraud and forgery, drug offences and motoring offences combined. More than three-quarters of sentenced females received into prison for theft and handling offences in 2013 were serving sentences of six months or less.

It is now accepted that short sentences have the worst reoffending outcomes. More than half of all women leaving prison are reconvicted within 12 months. Of those serving sentences of less than 12 months, the reconviction rate rises to 62%. The extent to which community sentences outperform short spells in prison with respect to reoffending is greater for women than for men. The Government, in recognising the high rate of reoffending following short sentences, are attempting to address this by offering mentoring and through-the- gate supervision on release through their Rehabilitation of Offenders Act, but there remain concerns, as stated by the Prison Reform Trust, that proposals to extend the statutory monitoring and supervision to offenders serving sentences of less than 12 months will disproportionately affect women as the nature of their offending means that they are more likely to be imprisoned for the shortest periods. Unless there is specific provision for women, there is a significant risk that the changes will have an adverse impact on the majority of women who commit minor offences. Section 2 of the Act introduces a 12-month statutory supervision period on release for all those sentenced to custody for however brief a period, so sentencers may view short spells in custody as a gateway to accessing the support and supervision services women need in the community. There is a risk that more women will end up in custody for breach—that is, for failing to comply with the terms of the supervision period. When will Section 2 commence? Will the Minister undertake to monitor the impact on the number of women who are sentenced to custody or imprisoned for breach? If the Sentencing Council, which is consulting on a new theft offences guideline, could discourage reliance on custodial sentences for shoplifting and other theft, it could dramatically reduce the number of women in custody.

When we look at the lives of those women who commit crimes, it becomes clear that many are victims as well as offenders. More than half report having experienced emotional, physical or sexual abuse as a child, while a similar proportion have been victims of domestic violence. When in prison, women account for 25% of all incidences of self-harm, and the number of such incidences is even higher among those on remand. Nearly half of women in prison report having committed offences to support someone else’s drug use—women’s crimes are more likely to be financially motivated than men’s. Most worryingly for the greater good of society and future generations, women prisoners are more likely than men to be primary carers of children. The survey found that six in 10 women in prison have dependent children.

The recent report from Barnardo’s, On the Outside: Identifying and Supporting Children with a Parent in Prison, estimates that 200,000 children are affected by the imprisonment of a parent, with an increased likelihood of facing family breakdown, poverty and isolation. Barnardo’s points out that there is currently no requirement for courts, local services or government to ask questions about these children, who therefore do not receive appropriate support. It calls on the Government to appoint a lead Minister to have responsibility for children of prisoners, and I ask the Minister to respond to that.

Around 18,000 children are separated from mothers who have been imprisoned, 34% of whom are lone parents. It has been estimated that imprisoning mothers for non-violent offences costs the state more than £17 million over a 10-year period as a result of the increased likelihood of their children becoming NEETs—not in education, employment or training—and therefore having poorer long-term prospects.

Non-custodial sentences would lead to additional savings to the state. The British Association for Counselling and Psychotherapy points out that, of those almost 18,000 children, only 9% are put in the care of their fathers, leading to most being placed in care. Children of prisoners are three times more likely to be at risk of developing mental health problems and/or conduct disorders, while 72% of children in care have behavioural and emotional problems.

The economic arguments are compelling. The average annual cost of a woman’s prison place is £56,415, compared with a community order, costing £2,800 per year, and an average of £1,300 for stand-alone community-based services. The New Economics Foundation found that if alternatives to prison reduced reoffending by just 6%, the necessary expenditure would be recouped in a year.

We need to act urgently to reduce the number of women in custody. I of course welcome this Government’s published strategic objectives for female offenders:

“Ensuring the provision of credible, robust sentencing options in the community that will enable female offenders to be punished and rehabilitated in the community where appropriate”,

but I ask the Minister how much in government resources is going into reconfiguring the women’s custodial estate, compared with providing community alternatives to custody. Now is the time to implement the 2007 report of my noble friend Lady Corston on women with particular vulnerabilities in the criminal justice system. As the Justice Select Committee said in 2013:

“Prison is an expensive and ineffective way of dealing with many women offenders who do not pose a significant risk of harm to public safety”.

It called for,

“a significant increase in … residential alternatives to custody as well as the maintenance of the network of women’s centres”,

as proposed by my noble friend Lady Corston.

Women’s services that have been funded by their local probation trust will continue to receive funding from community rehabilitation companies until March 2015. However, after that date, funding will depend on the commissioning decisions taken in each contract package area for offender services. Considering the proven success of these centres in cutting reoffending, helping women to rebuild their lives after prison and offering support to women at risk of offending, what assurances can the Minister give that these women’s centres will receive adequate funding to ensure their continuation post-March 2015? I draw the Minister’s attention to the excellent report by the Prison Reform Trust, Brighter Futures, which recommends:

“Central government should fund a national network of women’s centres, projects and services as these are critical to improved outcomes for women in contact with the criminal justice system”.

There is still much to do and I hope that the Government’s Advisory Board on Female Offenders and the transforming rehabilitation programme will now focus on cutting the number of women in custody in this country, because the numbers are unacceptable and unnecessary.