Women: Custodial Sentences

Lord Faulks Excerpts

Thursday 26th June 2014 Grand Committee

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, I join others in congratulating the noble Baroness, Lady Healy, on securing this debate. Your Lordships have long had an interest in the plight of female offenders. I am sure that noble Lords will not misunderstand me if I say that a number of them who have participated in this debate are very much recidivists in addressing the issues that we must confront.

Noble Lords will, of course, know that the decision to send someone to prison is a matter for the independent judiciary. Courts take into account all the circumstances of the offence and the offender in determining this, including whether the offender is a primary carer, as will often be the case. Courts must consider custody only where they are satisfied that the offence is so serious that neither a fine alone, nor a community order, can be justified—the so-called custody threshold.

I should declare an interest as having sat as a recorder for some 10 years until relatively recently. I can tell the Committee how slow someone in my position is to send a woman to prison, for all the reasons that have been so ably outlined in this debate. In fact, I can hardly think of an occasion when I had cause to do so.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced a new provision which means that people should be released on bail if it is unlikely that they will receive a custodial sentence on conviction. That provision should go some way to dealing with the point made by a number of noble Lords about women who are remanded and then ultimately not sent to prison when their case comes up for sentence.

As was acknowledged by a number of noble Lords, custody must be available where appropriate, but only when the thresholds are passed. I should be absolutely clear that the Government are committed to making sure that all offenders are given the support they need to turn their lives around. That commitment is central to our transforming rehabilitation reforms. We also recognise the need to address women’s specific needs where these differ, as they often will, from those of men.

Noble Lords will recall that the Government published their strategic objectives for female offenders in March last year. These are aimed at reducing the number of women in custody—which is desirable for all the reasons that have been given throughout this debate—by making sure that women receive the support that they need in custody and in the community to address the factors associated with their offending. Those are fine words, but what do they mean in practice?

First, our transforming rehabilitation reforms mean that those serving sentences of less than 12 months will, for the very first time, be subject to statutory supervision, including a licence period in the community aimed at supporting successful community reintegration and rehabilitation. As was rightly pointed out, proportionally more women than men are serving short sentences, so they, in particular, will be beneficiaries of this element of the reform.

The companies bidding for contracts under our transforming rehabilitation reforms must demonstrate in their bids an effective approach to the identification and recognition of women’s needs to make sure that those needs are properly addressed. To assist, we have made available guidance which identifies the key gender-specific factors associated with women’s offending and provides signposting to specialist services. The contracts will also require providers, where practicable, to give women the option of being interviewed in a women-only environment, having a female supervisor and not being the only woman in an otherwise all-male group on, for example, unpaid work, subject to any requirements.

The noble and learned Lord, Lord Woolf, quite rightly drew attention to Section 10 of the Rehabilitation of Offenders Act. I join him in paying tribute to the Prison Reform Trust in this context. Section 10 relates to female offenders and was widely supported across the House. It came into force on 1 June and the new requirement specifically to address the concerns of female offenders will apply both to contracts with CRCs—community rehabilitation companies—and services provided by the new National Probation Service.

My noble friend Lady Hodgson of Abinger raised the suggestion of a women’s commissioner, and the noble Lord, Lord Ramsbotham, suggested someone with overall control of women’s prisons, an official or even a Minister. All those points have been made eloquently before. The Government do not think for the moment that that is appropriate. It would be a significant cost at this time. However, I hope and believe that the provision of Section 10 will be something of a catalyst—as the noble and learned Lord, Lord Woolf, said. Together with the other initiatives, it should help to address the many issues that have been identified in this debate.

We are working towards ensuring sentencers have robust community options at their disposal. Under the guidance of the Advisory Board on Female Offenders, we are working with Greater Manchester to develop a pathfinder that will look at how we can provide robust and effective sentencing options in the community for female offenders that may divert women from custodial sentences, where appropriate.

We are also working with the Department of Health, the Home Office and NHS England to develop a model for youth and adult liaison and diversion services at police custody and courts. That service will assess and refer individuals with a range of vulnerabilities, including mental health problems and substance misuse. Those with mental health problems represent a considerable proportion of women who are or might be sent to prison. The Department of Health has committed £25 million this year to test a liaison and diversion model in 10 different areas in England.

For women who are given custodial sentences, we are making changes to the women’s custodial estate to keep women closer to their home. This is one of the issues raised during this debate. It will help them to maintain links with their children and families and also support them to get the skills they need to find employment on release. We are increasing capacity at prisons close to conurbations, including giving priority to Welsh women at Eastwood Park. We are also improving access to interventions and resettlement opportunities across the entire estate, supported by the fact that all women’s prisons will become resettlement prisons.

I was asked questions about Askham Grange and East Sutton Park. I cannot discuss the Government’s intention to close these open prisons as this is the subject of ongoing litigation, as the noble Baroness, Lady Gale, may know. However, we are reconfiguring the estate to allow women to be held closer to home, for the very reasons that have been identified by a number of noble Lords.

In addition, an officials’ sub-group under the Social Justice Cabinet Committee has been set up to examine the relationship between women’s offending behaviour and debt and finance issues. The support of the SJCC for this work is a good example of the progress we are making. We will continue to work with other government departments to make it easier in the future for women to move away from crime.

I think that the noble Baroness, Lady Royall, asked me about ensuring that community services will be maintained following the transforming rehabilitation plan. As well as the Section 10 requirement, we are continuing to fund women’s community services in 2014-15 and taking appropriate steps. There is not a gap between those existing services and whatever will be provided by the new providers. As the noble Baroness will understand, this is a complex matter, and I will write to her in a little more detail about how we are going to ensure this continuity. I wholly understand her concern about it.

I conclude by saying that the anxiety to avoid sending women to prison is one that is of course shared by the Government and all noble Lords, as is the desire to explore alternative options. We believe that the initiatives we are taking with transforming rehabilitation represent a real opportunity to improve this. As I said, those who are serving a sentence of less than 12 months will, for the first time, be able to get help. I think that noble Lords will be peculiarly aware of the danger that when women, and of course men, leave prison they are lost. They do not know what the next step is and are particularly vulnerable to reoffending and coming back to prison. We believe that this will be significantly addressed by our changes.

We are concerned that the strategic objectives on female offenders will be addressed. The report by the noble Baroness, Lady Corston, has remained extremely valuable. Almost all her recommendations have in fact been implemented; I think it was something like 40 out of 43 of them, so it remains an extremely valuable source. I repeat my gratitude to all noble Lords for their participation in this important debate.