Sentencing (Female Offenders)

Helen Grant Excerpts

Tuesday 16th October 2012 Westminster Hall

[Philip Davies]

It is equally important that the hon. Lady listens to what I am saying rather than wrapping herself in her brief from the Prison Reform Trust. We have all heard it once but I will repeat it for her benefit. The Ministry of Justice’s own publication, “Statistics on Women and the Criminal Justice System” says:

“Of sentenced first-time offenders (7,320 females and 25,936 males), a greater percentage of males were sentenced to immediate custody than females (29% compared with 17%), which has been the case in each year since 2005.”

To suggest that more female first-time offenders are more likely to be sent to prison than men is not the case. The hon. Lady says that a higher proportion of women in prison are first-time offenders, but that is because they are less likely to be sent to prison unless they commit particularly serious offences and leave the courts no option but to send them to prison. It is a complete distortion of the facts, and the Ministry of Justice publication makes that perfectly clear.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

Will my hon. Friend clarify whether all those statistics take into account the type and gravity of offence, previous offending history and all relevant mitigating factors, which sentencers are required to consider? It would be an unjust system if they failed to do that.

[Philip Davies]

Yes, they do. I will happily supply the Minister with the relevant information from the House of Commons Library, which goes to show, beyond all doubt—I am sure that she trusts the figures from her own Department—that for every single category of offence, for all ages and in all types of court, men are more likely to be sent to prison than women. There is not one blip anywhere. For every single offence, for every age and in every type of court, women are less likely to be sent to prison than men.

--- Later in debate ---

[Philip Davies]

No, I will not, because that is a debate for another day. These are all important issues, but this particular debate is about the sentencing of female offenders, and I am concentrating on the likelihood of people being sent to prison. If my hon. Friend was listening carefully at the start of the debate, he would know that the myth that I am currently exposing is that women are more likely to be sent to prison than men. As the figures that I have just quoted show, that is palpably not the case. I will go through other myths as we go through the debate, but there may not be time to go through every aspect of the criminal justice system at the moment.

[Mrs Grant]

It is important to clarify something. Regarding mitigation, does my hon. Friend not accept that there may be some factors that are more relevant to women than to men and hence the difference—for example domestic violence, self-harm, mental ill-health and caring responsibilities?

[Philip Davies]

I will come on to some of those points later. However, as the Minister will know from her Department’s own figures, quite a lot of victims of domestic violence are men. In fact, for certain ages—I think that it is between 20 and 30—there are more male victims of domestic violence than female victims. The point is that all the things that apply—

[Mrs Grant]

indicated dissent.

[Philip Davies]

The Minister shakes her head. I know that she has not been in her post for long, but I advise her to go and look at the figures from the Ministry of Justice on domestic violence for different age ranges, because they were the figures that the MOJ quoted to me in a parliamentary answer about three or four years ago. They may well have changed, but I urge her at least to go and look at them before she shakes her head.

--- Later in debate ---

[Philip Davies]

We are getting slightly off the point, but I will respond to my hon. Friend’s intervention. The statistics do not suggest that. They suggest two things. The first is that people should perhaps have longer sentences, for which the reoffending rate is lower, not that they should have no sentences at all. The high reoffending rate for short sentences is an argument for longer sentences, not for no sentences.

The second point is that, in the main, someone has to have committed many offences to get to prison. If someone goes to court with more than 100 previous convictions they are more likely not to be sent to prison than to be sent there. People have community sentence after community sentence, and the only reason they go to prison is that those community sentences have not worked—they have not prevented them from reoffending. The reoffending rate for that cohort of people in prison, therefore, is lower than for those people when they were on community sentences.

[Mrs Grant]

Will my hon. Friend give way?

[Philip Davies]

I am very conscious of time, Mrs Osborne. I will give way one last time, otherwise no one will have spoken in the debate, bar me.

[Mrs Grant]

I understand. My hon. Friend has been very reasonable. Clearly, he has worked extremely hard on collating the statistics. I wonder, however, whether he has actually visited a female prison, or some of the alternatives to custody, one of which was referred to by the hon. Member for Stretford and Urmston (Kate Green).

[Philip Davies]

I have indeed. I have visited the intensive alternatives to custody in my part of the world and have visited 12 UK prisons, including Holloway and a women’s prison up in Yorkshire—so I have visited two women’s prisons in the UK. I have also visited prisons in Denmark and the USA, to see what they do. If my hon. Friend was trying to suggest that I did not know what I was talking about, I hope that I have made her aware that I have some experience in this field.

Interestingly, no one has, as yet, managed to tell me which of those people I listed should not be in prison. Perhaps we have a consensus that they should be in prison. If people want to limit the debate to the 1,800 women I have mentioned, let us continue to consider which of them should be let out. Perhaps it is the 91 arsonists, the 24 people convicted of violent disorder, or the 45 serving time for kidnapping and blackmail. Perhaps it is the 192 people who are in for serious fraud and forgery, the 320 who have been convicted of importing drugs that end up being sold onto our streets, or the 111 serving time for other serious drug offences. If we do not want to let all of them out, we appear to be running out of options. Perhaps people will tell us which of those women they think should not be in prison.

--- Later in debate ---

[Philip Davies]

My point is that men are parents as well as women. The problems that the hon. Lady articulates apply to men as well as women. The argument goes that this is all about women; it is not all about women. Let us not focus just on the very small proportion of women who are in prison. Let us also think about all the men, too. The whole point of the debate is to make people aware that where there are issues they apply equally to men, and that some of the issues are not even issues at all because the facts do not back them up.

[Mrs Grant]

On mother and baby units, it is not, with the greatest respect, all about the mother. The principal criterion for entering a mother and baby unit is that it must be in the best interests of the child. That is the most important criterion. Does my hon. Friend not accept that?

[Philip Davies]

The point is that 66% of women sent to prison who have children are not actually looking after their children when they are sent to prison. That is the point I am making, so I am not entirely sure why we are all pulling our hair out about people who are not even looking after their children. Those children have probably either been put into care or are being looked after by other family members, probably because the mother is considered unfit to look after the children. Why should the courts treat her less harshly when the children have already been removed from her? It is a completely spurious argument.

When it comes to the minority who are looking after their children, we should not assume that they are all fantastic mothers and role models for their children. Many will be persistent offenders with chaotic lifestyles. Some will end up dragging their children into their criminal lifestyles and some will scar their children for life along the way. We presume it is in the children’s best interest to stay with those mothers. It may not be in the best interest of the child for the mother to be released. It may be in their best interests for their mother to go to prison in some cases.

Others will have committed very serious offences. The same official from the Ministry of Justice said recently of women offenders:

“They can be very damaged and also very damaging.”

That is absolutely right. Sarah Salmon of Action for Prisoners’ Families said:

“For some families the mother going into prison is a relief because she has been causing merry hell.”

That is another worthy point we should consider. Let us, finally, not forget those who are in prison for being cruel to their children—for abusing their own children.

The final myth is that women are generally treated more harshly than men in the justice system. It is clear that women are less likely than men to be sent to prison. Therefore, we need to look at other court disposals to see if they are then treated more harshly than men in other areas. If they are not being sent to prison as frequently as men they are presumably being sentenced at the next level down—a community order. They are not. The Ministry of Justice’s figures yet again show that men are more likely than women to receive a community order: 10% of women sentenced are given a community order compared with 16% of men. The Ministry of Justice goes on to confirm that

“these patterns were broadly consistent in each of the last five years”.

Women are less likely than men to go to prison and less likely to be given a community order. That is not all. Of those who are given a community order the ones given to men are likely to be much harsher. The Ministry of Justice says:

“The average length of all community sentences for men was longer than for women…For women receiving a community order, the largest proportion had one requirement, whereas the largest proportion of men had two requirements.”

I do not want to veer into the realms of domestic violence that my hon. Friend the Member for Pendle tried to go down; that is a debate for another day. However, one thing worth noting about sentencing is that despite all the evidence that shows women as the perpetrators of domestic violence in far more cases than some would like us to think, the community requirement imposed on those who commit an offence in a domestic setting is imposed only on men and cannot be handed down to women. As usual, this shows that the whole issue of equality works only one way, even when we are dealing with exactly the same offence.

Given the more severe sentences for men at the higher end of the sentencing spectrum, it is unsurprising that women are more likely to receive low levels of punishment at courts. It is a fact that a higher proportion of female defendants receive fines. All of that shows that throughout the court sentencing regime men are on average treated more severely than women.

Before I conclude there is another interesting statistic that is worth sharing. There is even an imbalance in the number of women reaching court compared with men, as more females than men were issued with pre-court sanctions. That has been consistently the case in recent years according to the Ministry of Justice. That is the evidence.

All the hysteria surrounding women in the justice system is completely without foundation, yet people want to be seen to be doing something about the so-called problem. We have the Together Women project, women-only groups for community sentences, a criminal justice women’s strategy unit, women’s centres, a proposal for women-only courts and, just the other day in Manchester, the right hon. Member for Tooting (Sadiq Khan) proposed a women’s justice board. That is all on top of the Corston report, which looked at the whole issue of female offenders and came up with even more suggestions.

Looking at the evidence, there appears to be sex discrimination in the sentencing of offenders, but the people being discriminated against are men not women. Women cannot have it both ways. They cannot expect to be treated equally in everything in society except when it comes to being sentenced by the courts for the crimes that they commit. People may want to argue that it is reasonable for women to be given lighter sentences than men, and that it is right that fewer women are sent to prison than men. That is an argument for another day, but at least when we have these debates about sentencing for men and women let us stick to the facts as they are and not what we would like them to be. Men are treated more harshly by the courts than women. If we can at least have debates that flow from that, based on the facts, we will have made a good start today.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

It is a pleasure to serve under your chairmanship today, Mrs Osborne. I congratulate my hon. Friend the Member for Shipley (Philip Davies) on securing this important debate, and I welcome the opportunity to update the House on the steps that justice agencies are taking to address women’s offending. Before doing so, I want to set out two important parts of the wider context on female offenders: to explain how our current sentencing framework deals with gender and to show how important it is to look carefully at the evidence on how women are sentenced by the courts.

To begin with, therefore, it is important to be clear about how our sentencing framework is gender-neutral: everyone is absolutely equal before the law. The same criminal offences and maximum penalties apply to every case, regardless of the offender’s gender. Alongside that, however, we also need to remember that every offender who is brought before the courts is unique. A long-standing principle of our justice system is that courts should consider the full circumstances, not only of the offence but of the offender, when sentencing. A sentencing framework that did not allow courts to take into account individual circumstances would not be a just one.

In many cases, an offender’s personal characteristics, such as previous convictions, failure to comply with earlier court orders or abusing a position of trust, can all be treated as aggravating factors when sentencing. Other personal characteristics, however, may provide mitigation. Previous good character, age, physical or mental health and caring responsibilities are all factors that courts can take into account when deciding the appropriate sentence.

All such factors may apply to both male and female offenders. For example, that an offender is a primary carer for dependent relatives is the important fact for the court, not whether the offender is the mother or the father. Probation pre-sentence reports give courts the detailed assessments that they need to make informed judgments about the factors that they should take into account.

I should make it clear that courts need to weigh mitigating factors against the others circumstances. For example, although it is recognised that parental imprisonment can have considerable effect on the lives of children, caring responsibilities will not necessarily mean that an offender will be spared prison. The overriding aim of the courts will always be to impose a sentence that reflects the seriousness of the offence and that is proportionate to the culpability of the offender and the harm caused.

We need to bear in mind all such issues when looking at the sentences imposed on male and female offenders. Differences in the type and severity of sentence given to men and women may be attributable to a wide range of factors, such as the type and gravity of offence committed and the individual’s previous offending history.

[Philip Davies]

Is the Minister therefore conceding—the main purpose of my debate—that for each category of offence men are more likely to be sent to prison than women? She did not say so explicitly, but she was about to give reasons for that being the case.

[Mrs Grant]

No, I do not accept that at all. What I have just said is that the sentencing framework and guidelines are gender-neutral: everyone is absolutely equal before the law. That is exactly what I said.

[Philip Davies]

I will give the Minister one more chance, because I do not want her to mislead the House inadvertently. She can use her Ministry of Justice figures for the answer. Does she accept that, for each category of offence, men are more likely to be sent to prison than women? We can take all the reasons why that may be the case and we can put in all the mitigating factors, but will she confirm for the benefit of the House, as the Minister in this Department, that for each category of offence men are more likely to be sent to prison than women? The reasons are irrelevant; it is only the facts that we want at this stage.

[Mrs Grant]

We could go round in circles, but I shall repeat myself: the sentencing framework and guidelines are gender-neutral and everyone is equal before the law. The sentencer has an obligation to take into consideration all factors relating to the offence and to the offender. In our judicial system, if the sentencer failed to do so, we would have an unjust system.

We need to be careful when interpreting the statistics, many of which have been cited by my hon. Friend today. At a high level, for example, the figures show that 10% of male offenders and 3% of female offenders were sentenced to immediate custody in 2011. The average custodial sentence length for males was longer than for females, at 15 months and 10 months, respectively. Equally, however, proportionally more males than females received sentences in 2011 for serious offences such as violent crime, sexual crime and robbery. There were also differences in the severity of offences committed within the groups. For example, 343 offenders were sentenced in 2011 for murder, but only 23 were female offenders.

The available statistics on aggravating factors suggest that a similar proportion of males and females sentenced to short custodial sentences are persistent offenders. In June 2011, around half of both men and women serving sentences of six months or less in prison had 15 or more previous convictions.

A number of mitigating factors are particularly associated with women offenders, including the high prevalence of mental health needs and child care responsibilities. Prisoner surveys tell us that more than a quarter of female prisoners reported having been treated for a mental health problem in the year before custody, compared with 16% of male prisoners.

Women are also more likely than male offenders to have child care responsibilities, and 60% of mothers with children under the age of 18 lived with those children prior to imprisonment, compared with around 45% of fathers. So there is a nuanced story behind the statistics, which reflects the fact that every offender, whether male or female, is a unique individual. Whether offenders are punished in custody or in the community, the Government are committed to ensuring that both men and women who offend are successfully rehabilitated.

For those offenders who are best dealt with out of court, we are piloting mental health and substance misuse liaison and diversion services in police custody and at courts by 2014. We are also developing intensive treatment options in the community for offenders with drug or mental health problems, including four women-only services in Wirral, Bristol, Birmingham and Tyneside.

In prisons, we are piloting drug recovery wings for short-sentence, drug and alcohol-dependent prisoners at three women’s prisons: HMPs New Hall, Askham Grange and Styal. We are also ensuring that courts have the right mix of punitive and rehabilitative requirements available when sentencing female offenders to community sentences. The National Offender Management Service is providing £3.78 million in this financial year to fund 31 women’s community services that can be used as part of, or in conjunction with community sentences. To protect the provision of services for women in these times of financial challenge, that funding will be embedded within the baseline for future probation trust settlements with a requirement that it results in enhanced services for women.

We have issued gender-specific standards in all areas of the prison regime, including training for staff working with women offenders in prisons, now extended to services provided in the outside community, and new search arrangements, ending routine full searches of women prisoners.

Seven mother and baby units in England and Wales provide an overall total capacity of 77 places for mothers, with capacity for up to 84 places for babies to allow for twins. Mother and baby units provide a calm and friendly place within prison for babies to live with their mothers. They enable the mother and child relationship to develop, thereby safeguarding and promoting the child’s welfare.

In closing, I thank the hon. Members for Stretford and Urmston (Kate Green) and for Feltham and Heston (Seema Malhotra), and my hon. Friends the Members for Pendle (Andrew Stephenson) and for Hexham (Guy Opperman), as well as the hon. Member for Darlington (Jenny Chapman), for contributing to the debate. We can continue to improve how we tackle offending together only if we continue to address the wide range of factors associated with offending, whether the offenders are male or female. I welcome the constructive and knowledgeable contributions from all hon. Members this afternoon, as they have highlighted how important it is to continue to focus on responding to the specific circumstances of women offenders.