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Yes, reduce prison sentencing – but not just for women Yes, reduce prison sentencing – but not just for women
(6 months later)
Justice minister Helen Grant is right to call for more widespread and effective use of community sentencing for women offenders. Prison is a brutal and dehumanising punishment; short custodial sentences are woefully ineffective at rehabilitation and can have catastrophic secondary impacts upon innocent family members and children. High rates of imprisonment are an expensive indulgence of tabloid populism, which sees Britain jail more of our residents than every western European country but Spain.Justice minister Helen Grant is right to call for more widespread and effective use of community sentencing for women offenders. Prison is a brutal and dehumanising punishment; short custodial sentences are woefully ineffective at rehabilitation and can have catastrophic secondary impacts upon innocent family members and children. High rates of imprisonment are an expensive indulgence of tabloid populism, which sees Britain jail more of our residents than every western European country but Spain.
So I could not agree more with Grant when she says: "There are some women who are bad and a risk to the public and society and they need to go to prison. But there are other women who are in the system, low-risk women, who would benefit greatly from punitive, credible punishments in the community."So I could not agree more with Grant when she says: "There are some women who are bad and a risk to the public and society and they need to go to prison. But there are other women who are in the system, low-risk women, who would benefit greatly from punitive, credible punishments in the community."
I don't understand why she stops there. Male and female prison populations are indeed different. More women are in prison for less serious offences; they are more likely to have been abused as children; the incidence of self-harm among female prisoners is around 10 times greater; and of course motherhood raises particular issues.I don't understand why she stops there. Male and female prison populations are indeed different. More women are in prison for less serious offences; they are more likely to have been abused as children; the incidence of self-harm among female prisoners is around 10 times greater; and of course motherhood raises particular issues.
The differences, however, are less stark than often portrayed. According to the latest data, 71% of women prisoners have been sentenced or remanded for non-violent and non-sexual offences, but the same is true of 60% of men. Women are 10 times more likely to self harm than men, but only twice as likely to require hospital treatment. As on the outside, male prisoners are vastly more likely to take their own lives. Men and women are equally likely to have complex psychiatric issues.The differences, however, are less stark than often portrayed. According to the latest data, 71% of women prisoners have been sentenced or remanded for non-violent and non-sexual offences, but the same is true of 60% of men. Women are 10 times more likely to self harm than men, but only twice as likely to require hospital treatment. As on the outside, male prisoners are vastly more likely to take their own lives. Men and women are equally likely to have complex psychiatric issues.
Official reports confirm that women's life circumstances, particularly as mothers, are already allowed for within the judicial system. Sentencing guidelines state that a woman with children should be spared jail for lesser offences, even if the father is at home. The same condition does not apply in reverse. Magistrates admit that they are more likely to take pity on a female defendant. This partly explains why only 20% of women in prison are mothers on the outside (who live with their children), and why women make up more than a third of formal police cautions and nearly a quarter of court defendants, but fewer than 5% of prisoners. Even when all other factors are taken into consideration, women are significantly less likely to be imprisoned at all, and receive shorter average sentences than men for the same offences.Official reports confirm that women's life circumstances, particularly as mothers, are already allowed for within the judicial system. Sentencing guidelines state that a woman with children should be spared jail for lesser offences, even if the father is at home. The same condition does not apply in reverse. Magistrates admit that they are more likely to take pity on a female defendant. This partly explains why only 20% of women in prison are mothers on the outside (who live with their children), and why women make up more than a third of formal police cautions and nearly a quarter of court defendants, but fewer than 5% of prisoners. Even when all other factors are taken into consideration, women are significantly less likely to be imprisoned at all, and receive shorter average sentences than men for the same offences.
Since the Corston report of 2007, there has been a persistent focus on reform of women's sentencing from charities, campaigners and politicians of all parties. This gives a strong message that female offenders are special, to be pitied and understood. Male prisoners, by implication, are creators of their own ill-fortune.Since the Corston report of 2007, there has been a persistent focus on reform of women's sentencing from charities, campaigners and politicians of all parties. This gives a strong message that female offenders are special, to be pitied and understood. Male prisoners, by implication, are creators of their own ill-fortune.
The government's own research betrays a more pitiful truth. Criminality is not to be justified or excused, but it must be acknowledged that those who cause the most damage to society are often the most damaged. Two-thirds of male prisoners have a reading age of 11 or less. More than 70% of have at least two diagnosed mental health conditions, 10% experienced auditory hallucinations in the preceding year. Fifteen per cent of prisoners were homeless and 28% in insecure accommodation immediately before custody. When researchers asked prisoners what would most help them avoid reoffending, their top three answers were a job, a home and enough money to survive. Nearly half ran away from home as children, more than a quarter spent at least some of their childhood in care.The government's own research betrays a more pitiful truth. Criminality is not to be justified or excused, but it must be acknowledged that those who cause the most damage to society are often the most damaged. Two-thirds of male prisoners have a reading age of 11 or less. More than 70% of have at least two diagnosed mental health conditions, 10% experienced auditory hallucinations in the preceding year. Fifteen per cent of prisoners were homeless and 28% in insecure accommodation immediately before custody. When researchers asked prisoners what would most help them avoid reoffending, their top three answers were a job, a home and enough money to survive. Nearly half ran away from home as children, more than a quarter spent at least some of their childhood in care.
Last week, the justice select committee (the same committee hearing evidence on women offenders) reported how cared-for children are much more likely to be cast on to the icy slope of criminalisation. Incidents that would cause a quick row or a ticking off in a family home can earn a police visit to a care home. Examples included a child ending up in court over a broken cup. Children in care are more likely to receive custodial sentences than other children for the same offences. Many of our most damaged and vulnerable children are branded and treated as criminals too early and too easily, setting off chain reactions of social exclusion, homelessness, addiction and increased offending. Boys account for 81% of child offenders, and 95% of those in custody. Prisons are intended to be institutions of punishment, reform and rehabilitation. In practice they are the threadbare carpets beneath which we sweep the messy failures of our social policy, social care and mental health systems.Last week, the justice select committee (the same committee hearing evidence on women offenders) reported how cared-for children are much more likely to be cast on to the icy slope of criminalisation. Incidents that would cause a quick row or a ticking off in a family home can earn a police visit to a care home. Examples included a child ending up in court over a broken cup. Children in care are more likely to receive custodial sentences than other children for the same offences. Many of our most damaged and vulnerable children are branded and treated as criminals too early and too easily, setting off chain reactions of social exclusion, homelessness, addiction and increased offending. Boys account for 81% of child offenders, and 95% of those in custody. Prisons are intended to be institutions of punishment, reform and rehabilitation. In practice they are the threadbare carpets beneath which we sweep the messy failures of our social policy, social care and mental health systems.
In one sense the rethinking of women's sentencing represents a glimmer of light and sanity in the debate, and should be welcomed. In another, it waves a flag of surrender from the political centre and liberal left on any meaningful judicial reform for 95% of offenders. Even some feminists acknowledge that the treatment of women as uniquely delicate victims, with little or no agency over their own offending, smacks of benevolent sexism, as does the (false) assumption that female prisoners are invariably responsible mothers.In one sense the rethinking of women's sentencing represents a glimmer of light and sanity in the debate, and should be welcomed. In another, it waves a flag of surrender from the political centre and liberal left on any meaningful judicial reform for 95% of offenders. Even some feminists acknowledge that the treatment of women as uniquely delicate victims, with little or no agency over their own offending, smacks of benevolent sexism, as does the (false) assumption that female prisoners are invariably responsible mothers.
There is a powerful case to be made for judicial reform, based upon compassion, evidence, efficacy, long-term social costs or even cold, cynical economics. Such decisions should be made on the basis of what is most appropriate and effective for each unique individual, not on an arbitrary rule of gender.There is a powerful case to be made for judicial reform, based upon compassion, evidence, efficacy, long-term social costs or even cold, cynical economics. Such decisions should be made on the basis of what is most appropriate and effective for each unique individual, not on an arbitrary rule of gender.
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