Prison Reform Trust briefing: Sentencing of female offenders Westminster Hall debate Tuesday 16 October 2012 We provide below some key facts to help inform the debate. Sentencing women offenders In September 2012 there were 4,139 women in prison in England and Wales – this number has more than doubled since 1995 (from 1,979), and increased by 27% between 2000 - 2010.1 In the 12 months to June 2012, 81% of women entering custody under sentence had committed non-violent offences, compared with 71% of men.2 The offences of theft and handling stolen goods accounted for more than a third of sentenced women received into prison between January-March 2012.3 Over a quarter (26%) of women sentenced to imprisonment have no previous convictions - more than double the figure for men (12%).4 Amongst those serving sentences of less than 12 months the disparity is greater – 29% of women, compared to 12% of men, have no previous convictions.5 In 2009, 1,052 women entered prison for breaching a court order. This represents 13% of all women who entered prison under an immediate custodial sentence.6 Most women serve very short sentences. In 2011, more than half of women sentenced to custody received sentences of six months or less.7 These are particularly ineffective in preventing reoffending, when compared to community orders and public health measures such as treatment for addictions and mental healthcare. 51% of women leaving prison are reconvicted within one year – for those serving sentences of less than 12 months this increases to 62%.8 A new sentencing guideline introduced this year recognises sole or primary care responsibilities for dependent relatives as a mitigating factor in sentencing offenders.9 1 Ministry of Justice (2012) Weekly Prison Population Bulletin – 21 September 2012, London: Ministry of Justice, and Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin October to December 2011, London: MoJ 2 Table 2.2b, Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin, January to March 2012, Ministry of Justice 3 Ibid. 4 Table A1.28, Ministry of Justice (2012) Offender Management Caseload Statistics 2011, London: MoJ 5 Table A1.29, Ibid. 6 Ministry of Justice (2010) Offender Management Caseload Statistics 2009, London: The Stationery Office 7 Table 2.1c Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin October to December 2011, London: MoJ 8 Table A5(F) and A9(F), Ministry of Justice (2011) Adult re-convictions: results from the 2009 cohort, London: MoJ Characteristics of women in prison Although women account for only 5% of the total prison population, they represent 47% of all self-harm incidents in prison.10 Women in custody are five times more likely to have a mental illness than women in the general population.11 One in four women in prison spent time in care as a child.12 More than half of women in prison say they have suffered domestic violence and one in three sexual abuse.13 1 in 7 women in prison are foreign nationals, around half sentenced for drug importation. These women have often been subject to trafficking, exploitation and duress.14 A further 1 in 7 are imprisoned on remand, spending on average 4-6 weeks inside. More than half of women remanded in custody do not receive a custodial sentence.15 It is estimated that 59% of female prisoners have dependent children under the age of 18 and that those women have an average of two children each.16 Estimates suggest that more than 17,240 children were separated from their mother by imprisonment in 2010.17 Fewer than 10% of children with a mother in prison are cared for by their father.18 On average, women in prison are held further from their home than men (55 miles v 50 miles) and receive half as many visits in prison as male prisoners.19 Prisoners who receive no visits are significantly more likely to reoffend than others.20 Commenting on conditions in the most recent inspection of HMP Styal, HM Chief Inspector of Prisons expressed “disappointment” at finding “too many cases of women, some of whom were clearly mentally ill, serving very short prison sentences which served little purpose except to further disrupt sometimes already chaotic lives”. Reserving his deepest criticism for the specialist mental health unit in the prison Nick Hardwick described it as “more shocking and distressing than anything I have yet seen on an inspection”.21 9 http://sentencingcouncil.judiciary.gov.uk/docs/Burglary_Definitive_Guideline_web_final.pdf Table 1, Ministry of Justice (2011) Safety in Custody 2010 England and Wales, London: Ministry of Justice 11 Plugge, E. et al. (2006) The Health of Women in Prison, Oxford: Department of Public Health, University of Oxford 12 Social Exclusion Unit (2002) Reducing re-offending by ex-prisoners, London: Social Exclusion Unit 13 Ibid. 14 See No Way Out, Briefing on foreign national women in prison in England and Wales, PRT January 2012; also The Criminalisation of Migrant Women by Liz Hales and Loraine Gelsthorpe, Institute of Criminology, University of Cambridge UK, 2012 15 Table 1.1c Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin, January to March 2012, Ministry of Justice 16 Hansard HC, 16 July 2012, c548W 17 Wilks-Wiffen, S. (2011) Voice of a Child, London: Howard League for Penal Reform 18 The government’s response to the report by Baroness Corston of a Review of Women with Particular Vulnerabilities in the Criminal Justice System, December 2007 19 Hansard HC, 7 January 2010, c548W 20 May, C. et al (2008) Factors linked to reoffending: a one year follow up of prisoners who took part in the Resettlement Surveys 2001, 2003 and 2004, London: MoJ 21 HMIP (2012) Report on an unannounced full follow up inspection of HMP Styal 5-15 July 2011 London: HMIP 10 The cost of women’s imprisonment The average resource cost of a female prisoner is £49,000 per year.22 Imprisoning mothers for non-violent offences carries a cost to the state of more than £17 million over a ten-year period.23 Children of prisoners have three times the mental health problems of children in the general population.24 Research suggests that for every £1 invested in support-focused alternatives to custody, £14 worth of social value is generated to women and their children, victims and society generally over 10 years.25 International scrutiny The UK Government is currently being examined by two United Nations bodies on its record regarding the imprisonment of women and treatment of women in prison. The Equality and Human Rights Commission (EHRC) has made submissions to both the Committee on the Convention Against Torture (CAT)26 and the Convention Elimination of All forms of Discrimination Against Women (CEDAW) Committee.27 The EHRC suggests that when examined by the UN Committees in July 2013 the UK Government should be asked “what steps are being taken to reduce the numbers of women still being sent to prison for minor offences? What further steps are being taken to implement the recommendations of the Corston report? What steps are being taken to implement mental health services for women in prison and to divert women with mental health problems away from custody into therapeutic care?” 28 Alternatives to prison and desistance 22 Community-based women’s centres provide an important service that enables women to get the support and supervision they need to take responsibility and tackle the multiple and complex factors contributing to their offending, while maintaining care of their children. These centres ensure more effective local co-ordination of probation, health and other services and interventions. The continued uncertainty about funding for these centres is not helpful. Hansard HL, 25 June 2012, cWA37 new economics foundation (2008) Unlocking value: How we all benefit from investing in alternatives to prison for women offenders London: nef 24 Social Exclusion Unit (2002) Reducing reoffending by ex-prisoners London: SEU, and Murray, J. & Farrington, D.P. (2008) ‘The effects of parental imprisonment on children’. In M. Tonry (ed.), Crime and Justice: A review of research (Vol.37, pp. 133-206) Chicago: UCP 25 new economics foundation (2008) Unlocking value: How we all benefit from investing in alternatives to prison for women offenders nef: London 26 http://www.equalityhumanrights.com/human-rights/our-human-rights-work/international-framework/un-conventionagainst-torture-and-other-cruel-inhuman-or-degrading-treatment-or-punishment/ 27 http://www.wrc.org.uk/includes/documents/cm_docs/2012/e/ehrc_cedaw_final_130912.pdf 28 Ibid p.31 23 Our recent report on resettlement, the linchpin for reducing reoffending, identified many areas where improvement is needed. Women offenders particularly identified the need for a coordinated approach.29 There is a substantial body of support for reform amongst civic society organisations and the public. A recent ICM poll showed that 80% of those surveyed strongly agreed that local women’s centres where women address the root causes of their crime and do compulsory work in the community to payback should be available.30 Strong ministerial leadership and a cross-government strategy is needed to divert women from crime and reduce the women’s prison population. Accountability for the strategy needs to be built into relevant roles within all government departments, local authorities, the police and courts, and all relevant service commissioning bodies. Lasting change will only be achieved by a joined-up approach that tackles the complex factors contributing to women’s imprisonment and the damage this inflicts on their children. The Prison Reform Trust’s submission to the Justice Select Committee inquiry into women offenders is available here: http://www.prisonreformtrust.org.uk/Portals/0/Documents/PRTWomenOffenders.pdf Prison Reform Trust, 15 October 2012 29 Prison Reform Trust (2012) Out for good: taking responsibility for resettlement PRT: London ICM opinion poll for the Corston Coalition, 26-28 November 2010. Sample of 1000 adults 18+ in GB, by telephone omnibus 30