Crime and Courts Bill [HL]

Baroness Linklater of Butterstone Excerpts

Monday 10th December 2012 Lords Chamber

Moved by

[Baroness Linklater of Butterstone]

113GD: Schedule 16, page 251, line 33, at end insert “, and
(c) which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.”

[Baroness Linklater of Butterstone]

My Lords, I have retabled my amendment following discussion in Committee with an amended wording that is possibly clearer and specific to the restorative process. This is all about giving the victim the opportunity to talk about the whole experience of the offence they have suffered or to express their feelings in some other way which is better or easier for them. It is nothing to do with compensation or financial need, but specifically the personal, human dimensions of the event. It could also involve others who have been directly or indirectly involved in the event or events or possibly in supporting the victim, which could involve family or other relevant people close to the victim.

This puts the victim at the centre of the process, always remembering, of course, that the purpose of RJ is for both victim and offender. The dialogue and engagement of both parties is at the heart of the restorative process—for each to hear the other articulating in whatever way they choose just what the experience was like for them, what they felt then and feel now, what it meant in order to make sense of the event, to come to terms with it all and to achieve some sort of closure. The chance to hear the offender apologise for what has occurred can mean a great deal to the victim, as can the opportunity to describe the impact of the event on his or her life. It can also be very helpful—not to say a revelation—to the perpetrator, as well as making him understand the results of his actions, of which he is often entirely oblivious.

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Moved by

[Baroness Linklater of Butterstone]

113GE: Schedule 16, page 252, line 6, at end insert—
“Part 2AProvision for female offenders7A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to female offenders.
(2) Provision under sub-paragraph (1) shall include provision for women to carry out unpaid work and participate in programmes designed to change offending behaviour in groups consisting only of women.”

[Baroness Linklater of Butterstone]

My Lords, I shall now speak about provision for women offenders. I echo the Minister’s remarks in relation to RJ, which he said gives victims a voice. What I hope to gain from this amendment is to ensure that the Bill gives women a voice. We are returning to the issue of specific provision for women who offend because of the recognition around this Chamber and in the country at large of the importance of this issue and the need, above all, to give statutory underpinning to the policies and plans to meet women’s needs.

When we discussed this issue in Committee, the Minister affirmed his shared understanding that women are different and need a different response from our criminal justice system. He reminded us that the Government have appointed a new women’s champion in the MoJ, Helen Grant MP, which is a positive and encouraging move. It is also clear that a specific women’s strategy will be developed. It is in this context that we have agreed on Amendment 113GF, whereby participation in community-based programmes will be provided,

“with the particular needs of women in mind”.

We hope that this new focus will ensure that this is the case in community-based provision, too, and women will not be relegated to provision designed for men. There is a clear understanding at the moment that the appointment of the new Minister, whom we greatly welcome, will give a focus on and impetus to the development of a new strategy for women. There is a difference between a strategy and having a statutory place in the MoJ’s scheme of things, and that is what we seek.

I do not think that the Minister needs reminding that these women not only have a different offending profile, but that they tend to serve very short sentences, with 58% of those in custody serving six months or less, 81% of whom have committed non-violent crimes. That is a very high proportion. However, the personal trauma that they have suffered includes more than half having suffered domestic violence and a third having been sexually abused. This, in turn, means that their needs are particularly acute and sensitive, which is reflected in the fact that 31% of all incidents of self-harm in prison are by women, although they represent only 5% of the prison population.

A recent YouGov poll commissioned by the Prison Reform Trust showed strong public support for public health measures to help tackle their offending, in particular drug treatment, help with alcohol misuse and mental health care. It found support from more than two-thirds of those polled.

It follows that it is not only these women who suffer the trauma but also their children, for whom they are the principal and often the sole carers. It is estimated that each year more than 17,700 children are separated from their mothers by imprisonment. The report on such children a few years ago showed how the loss of a parent is experienced as a bereavement. This is why it is vital that, in all but the most extreme cases, community-based sentences are a necessity if the ripples of damage are not to be extended to the next generation while the current needs of these mothers are being met. We owe this to women and children alike. We should also be aware of the implications these figures have for our future society.

We know that the Government have provided £3.7 million to probation trusts for 31 women’s centres, which is extremely welcome. We also know that NOMS funding for women’s centres is guaranteed only until March next year. I look forward to the Government’s response to this and to seeing what assurances they can give us. The Government’s strategy, with the added focus that Helen Grant will bring, will be very important to this provision’s sustainability. It absolutely needs statutory protection to ensure continuity and maintain the necessary priority and profile among all the competing demands on the public purse.

There are worrying plans to commission justice services on a payment by results basis, which immediately puts much of women’s community provision at risk. This is because small voluntary organisations simply will not be able to compete as providers as they currently do. Along with the probation trusts, they may well find themselves competing with large private sector organisations, with the inevitable loss of contracts. This would be a catastrophe and further illustrates why women must have their statutory place as part of our criminal justice provision, which this Bill represents.

It will be some time before another such Bill will come along, and women’s needs are too pressing and important in our public responsibilities to be left to an MoJ strategy alone. Following a visit to Holloway in November, the Secretary of State for Justice Chris Grayling said:

“I saw at first hand the very different challenge we face with women offenders”.—[Official Report, Commons, 13/11/12; col. 163.]

I hope that, with this insight into the needs of women who offend, he and Helen Grant, along with the Minister, will recognise the desirability and necessity of women having their statutory place in this Bill. I beg to move.

Amendment 113GF (to Amendment 113GE)

Moved by

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Amendment 113GF (to Amendment 113GE) withdrawn.

[Baroness Linklater of Butterstone]

I beg leave to withdraw Amendment 113GE.

Amendment 113GE withdrawn.