Criminal Justice System: Women

Lord Keen of Elie Excerpts

Thursday 25th July 2019 Lords Chamber

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, I thank all noble Lords who have contributed to this debate and I congratulate the noble Lord, Lord Farmer, on securing it. I also pay tribute to him for his recent report on the importance of family ties for female offenders in the criminal justice system. We welcomed the publication of this excellent review in June, and his earlier report on male offenders in August 2017. That first report was rightly described as a landmark publication, and his more recent work reinforces such acclaim. I thank him again for the considerable efforts that he has made here.

Turning to the needs of women in the criminal justice system, women are a small proportion of those supervised in the community—about 15%—and an even smaller proportion of the prison population, at about 5%. On average, women commit less serious offences than men. In 2018, 35% of immediate custodial sentences for women were for shoplifting offences. Most custodial sentences for women are short, as has already been observed. In 2018, 77% of custodial sentences for women were for less than 12 months. That compares with 62% in respect of male offenders. Given these distinctions in the interaction of men and women with the criminal justice system, and the body of evidence amassed in the last few years on this cohort, particularly by the noble Lord, Lord Farmer, he is right to move that this House should take note of their needs, which, I emphasise, are often complex.

Female prisoners are more likely to have been taken into care, to have experienced abuse and to have witnessed violence in the home as a child. It is estimated that 60% of female offenders have experienced domestic abuse. These factors and others often underlie their offending and must be successfully addressed if they are to be rehabilitated.

Women’s circumstances when they enter custody, and their experiences there, differ from those of men, and some of their outcomes are worse. Women in custody have a higher prevalence of needs than men with regard to relationships, accommodation, drugs, alcohol and, as was mentioned, post-incarceration employability. Female prisoners are more than twice as likely as male prisoners to report needing help for mental health problems, and the rate of self-harm in female prisoners is almost five times higher than in male prisoners. The complexity of these needs, the necessity of a gender-specific response and the overlap between offender and victim have all been central to the Government’s response to the needs of women in the criminal justice system. Last year we published the Female Offender Strategy. This set out our vision to reduce the number of women coming into contact with the criminal justice system, as well as the proportion of those in custody, particularly on short sentences, and the need to improve conditions for those in custody.

We know that for many vulnerable women, with the right support at the right time, there are opportunities to prevent them from entering the criminal justice system at all. That is why we are working to increase early intervention, identifying and supporting women before they become involved in the criminal justice system. That requires a partnership approach, as some have already observed, involving local agencies and other women’s services. To support that at national level, we have provided guidance to the police about working with vulnerable women and diverting them out of the justice system into a support area, where there is a need for this and it can be achieved.

NHS England is currently rolling out a liaison and diversion service that supports our efforts to intervene early on vulnerable women. Full rollout of the NHS liaison and diversion service is expected by 2020-21 and all its sites will have a basic female pathway and nominated female lead. We hope that these changes will lead to more women being diverted away from being charged with an offence and ending up with a custodial sentence. We will also continue to promote the use of out-of-court disposals with conditions attached, which can serve as an opportunity for early intervention and, again, for successful rehabilitation.

We know that for many women, spending short periods of time in custody creates plenty of disruption but does not necessarily offer sufficient time for them to engage in successful rehabilitative activity. This is particularly true for those female offenders with dependent children. Moreover, evidence suggests that community sentences, in certain circumstances, are more effective in reducing reoffending—again, noble Lords touched on that point.

We accept that women-specific services are crucial to our vision to manage more women in the community by helping them at the point of need. We want to see women’s services and centres embedded as an integral part of the delivery of public services to female offenders, making better use of their potential as places where quality support and interventions can be delivered. I am well aware of the challenges that women’s services face in securing stable funding and of the impact this can have on local availability. Currently, women’s services receive funding from a range of sources and it is imperative that they continue to do so. As was mentioned, we have invested £5 million in multiyear funding for community provision for female offenders. That is already being used to sustain and enhance services, and to provide new specialist services. We remain committed to ensuring that there is sufficient funding for female offenders, and will continue to look at the scope to increase sustainability as we take that strategy forward.

As was mentioned by the noble Baroness, Lady Burt, we are also developing a residential women’s centre pilot in five sites across England and Wales. I should say “at least” five sites; that is the minimum. We are working to refine the design and delivery of the pilot. Our intention is to share our conclusions on the next steps after the summer—so we are, I hope, making progress. I cannot be more specific about that progress, but we will report further on that matter after the summer.

Critical to the successful management of all offenders who have been in custody, but perhaps particularly women, is the probation service. In May, we set out plans for a new model for probation from 2021: a unified model that will see the National Probation Service take on responsibility for supervising all offenders, ending the current split in offender management. A range of private and voluntary sector organisations will be contracted to deliver interventions to support rehabilitation and source unpaid work placements. The reforms will be accompanied by measures to strengthen the probation workforce, including through better training to manage vulnerable offenders. The new model presents opportunities to improve support for women offenders in the probation system. We are considering carefully how to ensure that the supervision and interventions on offer meet the specific needs of women offenders.

For some women, it is necessary that they be detained in custody—the noble Lord, Lord Ponsonby, made this point clearly, drawing on his own experience. Yet we are clear that the custodial environment should not continue to merit the criticisms that the noble Baroness, Lady Corston, levelled at it in 2007 in her seminal report, when she said that it was,

“a system largely designed by men for men”.

To this effect, in December 2018 we published the new Women’s Policy Framework and accompanying Guidance on Working with Women in Custody and the Community.

With thanks to the aforementioned work of my noble friend Lord Farmer, we are clear too on the value of strengthening the ties individuals have with their families and friends while in custody. In January this year, we published a new family policy framework to support governors and standardise the quality of services provided across all prisons. We will be looking closely at the findings and recommendations of my noble friend Lord Farmer’s review to see how we can best give effect to them in both the short and longer term.

The matter of domestic abuse features repeatedly in this context. Let us be clear it is a very real and challenging problem. I notice that, on 16 July this year, we introduced the Domestic Abuse Bill, and we believe this is a step in the right direction. It has been, and I have no doubt will be, the subject of considerable consultation and consideration, and of further amendment. I cite that as a step in the right direction.

I will touch on one or two points that were raised by noble Lords in the debate. I note those made by my noble friend Lord Farmer and appreciate those on personal circumstances files and how they might be utilised. I can say no more at that stage, other than that I have noticed and will look at that.

The noble Lord, Lord Parekh, disclosed his knowledge of the background statistics and situation of women offenders, and referred to their specific needs. He also mentioned the idea of gender-specific laws. I cannot accept that as an appropriate way forward. He cited the drug-smuggling example. I note that, in such a circumstance, the law allows for the defence of duress. That fact-specific defence might well have been utilised in the circumstances to which he alluded. I will not say how far it goes but, where you have circumstances such as those he identified, there are potential remedies within the present laws without needing to develop gender-specific criminal law.

The right reverend Prelate the Bishop of Rochester touched on accommodation and security of accommodation on release. That is critically important. At present, the CRCs and the National Probation Service are required to facilitate access to accommodation and work with other partners to do that when offenders are released. Over and above that, I mention in passing that the Government introduced our Rough Sleeping Strategy in August last year, which again we hope will alleviate those demands.

The noble Baroness, Lady Redfern, alluded to the availability of universal credit. We are determined to ensure that access to universal credit is just as easily available to those who will potentially be released from custody as it is for others in the community. She also mentioned family contact and travel. That is an issue that we address, and we have provision to make grants to assist with travel. In the last year for which I have figures, a sum in excess of £1.2 million was provided to assist with travel to visit those in custody.

The noble and learned Lord, Lord Woolf, also touched on the location of female prisons. That is an issue, given the limited number of female prisons in England and Wales; I accept that. On average, the distance a family has to travel to visit a female offender is 48 miles, but that masks the fact that, in some instances, it can be more than 100 miles, which is why we make some provision for travel grants. There are specialist units for female offenders, which are a considerable distance from their normal residence and have to be utilised—for example, mother and baby units, where places are limited. I think there are 64 throughout the female prison regime. That is a challenge, but one we step up to.

My noble friend Lady Sater, drawing on her experience as a magistrate, acknowledged that we are developing five residential pilots. I have already mentioned that. She also raised mandatory reports for female offenders. The noble Lord, Lord Ponsonby, pointed out that the opportunity to seek reports is always available to the Bench. In many instances, particularly with regard to female offenders, who may be subject to short custodial sentences causing family disruption, it is my understanding that they are often ordered. However, I take on board my noble friend’s suggestion that there could be scope for some mandatory reporting.

I mentioned the noble Lord, Lord Ponsonby of Shulbrede—I apologise if I did not pronounce “Shulbrede” properly. With his experience as a magistrate, he pointed out that, although we had alluded to the strong case for the abolition of short sentences—albeit with exceptions—one had to bear in mind that there were often compelling reasons why short custodial sentences had to imposed. One obvious example was where an offender simply refused to obtemper the requirements of a community order and there was no option but to try to ensure that some penalty could be imposed in respect of a crime and in order to assist.

The noble Lord asked whether each of the proposed 11 probation areas would have a specialist women’s centre. I am not in a position to answer that at the present time, but I shall look at it.

The noble Lord, Lord Bhatia, raised a number of points and touched on the idea of women-only judges and women lawyers for cases involving women offenders. I would respectfully take exception to that. It appears to me that our judiciary right across the board are gender-inspecific, well-trained and sensitive to the needs of the various people whom they come across, be they BAME, male or female. To suggest that one should identify a particular gender or background of judge or lawyer to deal with a case would not be appropriate.

My noble friend Lady Byford suggested that when female offenders came out of prison they had nowhere to go, but I take exception to that. If they have been in custody, they are subject to a probation order. The probation service is required to facilitate access to accommodation. That is not to say that all are found suitable accommodation, but they are not left in a situation of simply having nowhere to go.

My noble friend also asked why more women appear to be subject to short sentences than men. There are a number of reasons for this. Generally speaking, it may be because women are inclined to non-violent offences, where there are shorter sentences; it may be that they are inclined to minor but repeated offences that lead to a custodial sentence. Therefore, it is not an easy issue to dispose of.

The noble Lord, Lord Ramsbotham, drew on his considerable experience in this field, going back to his inspection of Holloway prison in 1995—the site, I understand, has now been sold to Peabody for further development. He raised the question of a women’s justice board. I shall take that away for consideration.

The noble Baroness, Lady Uddin, alluded to a particular set of cases. She spoke of the number of women recalled and the reasons for it. For the year to 30 September 2018, the only figure that I have is that the number of recalls of men and women was 6,638. Normally, there is more than one reason for recall, but the most common is a breach of conditions, in particular a failure to keep in touch with a supervising officer. I hope that goes some way to responding to the noble Baroness’s question.

My noble friend Lady Eaton raised the case of Eden House in Bristol. I have no details available to me about its sale, but I shall take steps to investigate it and will write to her and place a copy in the Library once I have an explanation.

I have already referred to some of the issues raised by the noble Baroness, Lady Burt of Solihull. On licensing and licence rules, it is appropriate that even those under short sentences should be under licence because conditions are then attached. The whole point of those conditions is to assist the offender. It is therefore appropriate that they should be subject to licensing so they can be aided in efforts to rehabilitation. I see it as a positive, not a negative, in those circumstances.

The noble Baroness, Lady Chakrabarti, referred to short sentences as “pointless” and “ridiculous”, but she qualified her own comments by acknowledging the force of the point made by the noble Lord, Lord Ponsonby. There is a very real reason why, in some circumstances, it is simply unavoidable for the court to impose a custodial sentence—even a short one—on female offenders, just as it does on male ones. The call for more women judges will, no doubt, be heard beyond these walls. However, I notice that the outgoing President of the United Kingdom Supreme Court is a Lady—albeit that her successor is a male, to try and restore some balance in these circumstances.

I am truly obliged to my noble friend Lord Farmer for his contribution to this debate and for the contribution of all noble Lords.

[Baroness Uddin]

My Lords, would the Minister care to respond to some of my other questions, perhaps in writing? I do not press him to do so during the Recess; I am happy to wait until he returns.

[Lord Keen of Elie]

Reference was made to a particular case; I am not sure that I am in a position to respond to that. I will let the noble Baroness know whether or not there will be a review of services at Downview.