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.

Justice: Women’s Centres

Baroness Sater Excerpts

Wednesday 12th September 2018 Lords Chamber

[Baroness Sater (Con) (Maiden Speech)]

My Lords, it is an honour and I am most grateful for the opportunity to speak in this debate today, which touches on many issues with which I have been closely aligned before coming to this House. First, I would like to thank everyone in this House from all sides for their kindness and support. Black Rod and her staff, the doorkeepers, the attendants and the police officers have been incredibly helpful and given me so much guidance and direction. I cannot thank them enough.

My induction into this House, although a nerve-wracking and humbling experience, was made less stressful by my wonderful supporters—the noble Lord, Lord Carrington of Fulham, who has been a friend and mentor to me for too many years to mention, and the noble Baroness, Lady Chisholm of Owlpen, who not only took on the role of supporter but wanted even more punishment as my mentor. Thank you both. I am truly grateful.

I have been involved with the justice system for nearly a quarter of a century, much of it as a magistrate. One of the most difficult duties of a JP is, where there is no alternative, to send an offender to custody. It is not a decision that is taken lightly. This is particularly the case when imprisoning women because of the impact that such a sentence has not just on them but, all too often, on their children and families.

None the less, in order to ensure that public safety remains a top priority and to address the rightful needs of victims, prison is and will continue to be the only appropriate option for those women who commit the most serious crimes. For other women offenders—those who commit the less serious, non-violent offences—there are alternatives. This is why I believe strongly in the ability of women’s centres to improve outcomes in the justice system. I am grateful to the right reverend Prelate the Bishop of Gloucester for introducing this debate, not least because we know that the reoffending rate, after a custodial sentence of less than 12 months, is far too high.

All too often, I have seen at first hand, not only as a magistrate but as a former trustee of Addaction, the impact on women and children of not having had the start or support in life to help them with the many difficult challenges and trauma that come from being victims of domestic abuse, sexual abuse and exploitation, or from suffering from poor mental health or addiction to drugs or alcohol. Regrettably and sadly, these circumstances often lead to a downward spiral into criminality. Women’s centres provide specialist treatment services to help precisely those women whose lives have taken a wrong turn and who need to get back on track.

During a recent visit to the Nelson Trust women’s centre in Gloucester, it was evident that female offenders are frequently among the most vulnerable individuals in society with very complex needs. I was extremely impressed by the successes achieved as the result of the tireless work of those working at the trust. There are many others like them who dedicate their lives to helping vulnerable women in need and I pay tribute to them all.

I therefore welcome the Government’s decision to pilot residential women’s centres. They will provide an additional option to manage women in the community on a sentence that is more intense and robust but that enables them to maintain their ties with their families and support them to stay in stable housing and employment. Such centres can provide the wide-ranging and holistic services that are now the norm for young offenders, both female and male.

Of course, the ideal would be to tackle issues before they lead to criminality. During the three years that I recently spent as a member of the Youth Justice Board, I worked to improve early interventions and rehabilitation for children and to give them an opportunity to live crime-free lives. One area that I believe offers great benefits and potential for both adult and child offenders to find new opportunities as well as to improve their health and well-being is sport. In my case, tennis played a significant part in my childhood, growing up in Wales. Playing competitively provided life skills and confidence from which I have benefited greatly, even if I was no Virginia Wade.

In turn, I have been keen throughout my career to turn my personal sporting experience to the benefit of others, not least to provide them with similar opportunities to get on in life and to reach their full potential. It was through the Youth Justice Board, under the chairmanship of my friend the noble Lord, Lord McNally, that I was introduced to StreetGames and subsequently became its chairman. The charity delivers sports into disadvantaged communities, giving children real opportunities to develop life skills and confidence and eventually to improve their prospects of employment. If we can help youngsters before they take the wrong turn, how much better off they are and how much better off society is.

For now, though, we must accept the reality that there are young and adult women who have, for whatever reason, committed offences. It behoves us to treat them as individuals and provide the most appropriate place to address their needs. Women’s centres can and should play a critical part in their rehabilitation. It has been a privilege to contribute to the broad criminal justice system, whether as a magistrate, working with those with addiction or affording opportunities through sport. It is an honour now to have the opportunity to play a role, however small, in your Lordships’ House.