A chance for a fairer, kinder, justice system

Written by Anawim

The Government’s Independent Sentencing Review was released last week – and while the headlines were taken by possible reforms to punishment of male criminals – there is much more to read.

It could revolutionise how women are treated.

Finally, after years of campaigning by organisations like Anawim and our partners, there is an opportunity to stop the merry-go-round of short sentences, to use other options that we know work, and to properly fund them.

If the Government adopts these recommendations, then real change could happen.

Here are some of the key takeaways:

Short custodial sentences should only be used in exceptional circumstances

This will particularly affect women.

In June last year 16 per cent of women were serving under 12 months, compared to 4 per cent of men. Around two thirds of women sent to prison receive sentences of six months or less.

The review says: “[this], will encourage women to be diverted from custody to more effective sanction and support. In encouraging a reduction in the use of short sentences, the Review aims to reduce the harm that female offenders may experience.”

Use more Intensive Supervision Courts

We have been involved in the trial of an ISC in Birmingham for almost two years. It shows women often have multiple and complex unmet needs, and works by giving them an intensive community sentence, rather than time in prison. 

The review says: “The JABBS Foundation highlighted in their response to the Call for Evidence that, anecdotally, the Birmingham ISC has shown ‘immense success’ as women are supported by a multi-agency team who provide a package of gender-specific and trauma-informed care that is tailored to them.”

More sustainable and long-term funding to Women’s Centres

As a Women’s Centre this is something we have been calling for years.

We know having proper support in your community can address the causes of offending and direct female offenders to the appropriate help.

We give trauma informed assistance to women for any issue they might be facing, whether housing, substance misuse or domestic violence.

Our time is better spent doing this work than constantly having to look for funding sources and write applications for it.

Joy Doal, Anawim CEO said: “It is vital that the Government take these recommendations to heart and make the necessary changes.

“Short sentences cause incredible harm to women, and their families, and there are much better alternatives.

“We would urge you to work with women in their communities – and properly fund effective alternatives – like those offered by Anawim and other Women’s Centres.”

There’s also a call for:

Increased investment in those who provide Community Sentence Treatment Requirements - and more funding for the third sector to support the Probation Service to manage offenders in the community and enable increased commissioning of local organisations.

This is a common-sense move that we support.

To expand the use of liaison and diversion with female offenders and considering a women’s specific pathway as part of Drug and Alcohol treatment requirements.

Again – something we are already doing – successfully. We would encourage the government to look at the evidence from centres like Anawim and our partners across the country.

Commission a study of the impact and consequences of the Assault on Emergency Workers legislation

This legislation is disproportionately affecting women. It’s seen a massive increase in prosecutions of women for violence against the person - accounting for more than half of them. It has criminalised domestic violence survivors.

The review says: “The Review hopes that through the recommendations to reduce the use of short custodial sentences … a large proportion of women who are convicted of AEW will have those sentences suspended by default and will serve them instead in the community.”

Stop sending pregnant women to prison

Stillbirth is seven times more likely to happen in prison. It is not a safe place to give birth, so it is a relief to see that:

The review says: “The Review recognises the harm caused by imprisoning pregnant women and believes pregnant women and new mothers should be diverted and supported in the community, unless in exceptional circumstances. Custody must only be a last resort.”

The drop off in use of short sentences will help in other ways too, it’s thought 17,500 children a year are separated from their mothers because of imprisonment. In 19/20 cases those children will have to leave the family home.

There are other promising suggestions too, including more Specialist Domestic Abuse Courts, and better training for criminal justice practitioners on violence against women and girls.

The Government has a chance to completely overhaul the system for the better – we hope that chance is taken.