Engendering Justice - from Policy to Practice - The Fawcett Society

Engendering Justice– from Policy to PracticeFinal report of the Commission on Womenand the Criminal Justice SystemMay 2009

We are grateful to our funders, the LankellyChase Foundation and the Barrow Cadbury Trust, for their generous support.We are also very grateful to all those who have contributed to this report, in particular the many women and organisationswho gave up their valuable time to share their experiences of the criminal justice system with us. We would liketo especially thank the British Association for Women in Policing, the Magistrates’ Association, UK Association ofWomen Judges, Women and Young People’s Team (NOMS) and the Governors of the female prison estates fortheir help in putting us in touch with women with direct experience of the criminal justice system. Thank you also tothe Government departments, criminal justice agencies and organisations (outlined in Chapter One) who attendedCommission evidence sessions and to the staff and volunteers at the Fawcett Society who contributed to this project.Report compiled by Sharon Smee, Justice Policy Officer at the Fawcett Society.Page 2

ContentsForeword 5Executive Summary 7Chapter One: Methodology and an Overview of the Work of the Commission 13Chapter Two: Introduction: From Policy to Practice 18Part One:Women Need Justice and Justice Needs WomenChapter Three: Women and Justice – Meeting the Needs of Women Offenders 20Chapter Four: Women Need Justice – Female victims of Crime 45Chapter Five: Justice Needs Women – Women Workers in the System 66Part Two:Engendering Justice: Roadmap for Reform 80A Vision for a Gender Responsive Criminal Justice SystemAppendix A The Commissioners 99Appendix B Recommendations of the Commission 101Page 3

List of AcronymsACPOAssociation of Chief Police OfficersSDVCSpecialist Domestic Violence CourtsBMEBlack- Minority EthnicSOITSexual Offences Investigative Technique [officer]BAWPBritish Association for Women in PolicingSRASolicitors Regulation AuthorityCEDAW Convention for the Elimination of All Forms ofDiscrimination Against WomenCICACJLDCriminal Injuries Compensation AuthorityCriminal Justice Liaison and Diversion [schemes]TWPVAWWAVETogether Women ProgrammeViolence against WomenWitness and Victim Evaluation SurveyCPSDVEHRCGEDGSSHMPSIDVAIPCCISVACrown Prosecution ServiceDomestic ViolenceEquality and Human Rights CommissionGender Equality DutyGender Specific StandardsHer Majesty’s Prison ServiceIndependent Domestic Violence AdviserIndependent Police Complaints CommissionIndependent Sexual Violence AdviserMARAC Multi-Agency Risk Assessment ConferencesNHSNOMSQCRCCSARCNational Health ServiceNational Offender Management ServiceQueen’s CounselRape Crisis CentreSexual Assault Referral CentrePage 4

ForewordFor the past five years, Fawcett’s Commission on Women and the Criminal Justice System has examined theexperiences of women as victims, offenders and workers in the criminal justice system. This unique Commissionhas published four reports and has achieved a number of key legislative, organisational and policy changes.Since its inception, the Commission’s work has benefited from the considerable and diverse expertise of itsCommissioners, drawn from across the criminal justice system and areas of public life. Vera Baird MP QCexpertly chaired the Commission until 2006 when she stepped down following her appointment as a minister inthe Department of Constitutional Affairs. I have been privileged to Chair this Commission since that time.This final report is an in-depth examination of the experiences of women in the criminal justice systemand incorporates testimony of women themselves to give voice to the diverse experiences of individuals.One of the key emerging themes is the persisting gap between strong policy development and consistentimplementation. This report contains detailed recommendations which address each stage of thecriminal justice process and which aim to close the widening gap between policy and practice.The Commission welcomes the Government’s work over the past five years towards ensuring that thecriminal justice system meets the needs of women but the pace of change has been disappointingly slow.There remains much work to be done. Part Two of this final report sets out the Commission’s vision of ajustice system which recognises and responds to the unique needs, experiences and skills of women and theinstitutional change which is needed to achieve this. It is up to each of us to work towards this goal.Baroness Jean Corston,Chair, Commission on Women and the Criminal Justice SystemPage 5

List of Commissioners 2008-2009Baroness Jean Corston (Chair)Labour PartyColin Allen,Former Governor of Holloway Prison and Former PrisonsInspectorLiz Bavidge OBEMagistrateRuth BundeySolicitor, Harrison Bundey SolicitorsMr Justice Calvert-SmithHigh Court JudgeMalcolm DeanFormer assistant editor, the GuardianLord Navnit Dholakia OBE DLLiberal DemocratsDeputy Assist. Commissioner Cressida Dick,Metropolitan Police ServiceMrs Justice Linda Dobbs DBEHigh Court JudgeMitch Egan CBNOMS advisor and former North East Regional OffenderManagerProfessor Liz Kelly CBERoddick Chair in Violence against Womenat London Metropolitan UniversityCommissioner, Women’s National CommissionKaron Monaghan QCBarrister, Matrix ChambersBaroness Gillian ShephardConservative PartyPage 6

Executive SummarySince 2003, Fawcett’s Commission on Women and theCriminal Justice System has examined the experiences ofwomen in the criminal justice system as victims, offendersand workers. This approach has allowed us to drawparallels across the system, demonstrating that womencontinue to be marginalised in a criminal justice system,designed by men for men. Despite improved policydevelopments since the inception of the Commission,institutional sexism remains deeply embedded in practicesand attitudes towards women in the criminal justice system.A Gender-responsive Criminal Justice SystemOur vision is for a society in which:• The criminal justice system provides women withsupport, safety and justice.• The sentencing of non-violent female offenders isresponsive to the needs of these women and theirfamilies.• Women working in the criminal justice system arefree from discrimination and harassment with equalopportunities to progress at all levels of the variouscriminal justice agencies.• Policy and practice of all criminal justice agencies isinformed by gender analysis so as to meet the diverseneeds of both men and women.• The Judiciary and the senior levels of the legal profession,the police, the CPS, the prison service and the probationservice are broadly representative of a society with abalance of women and men and recognition of the skillsand experiences of women.• Society recognises that all women have the right to livetheir lives free from the threat and reality of violence.Acknowledgement and Understanding of InstitutionalSexismInstitutional racism became a familiar term following theStephen Lawrence inquiry but institutional sexism is rarelyopenly acknowledged. The experiences of women withinthe criminal justice system provide countless examples ofinstitutional sexism in practice through processes, attitudes,and behaviour which amount to discrimination whichdisadvantages women.The criminal justice system remains largely definedby male standards:• Flexible and part-time working is not consistentlyaccepted and the culture of long working hoursdisadvantages any individual with caring responsibilities,the majority of whom are women.• Promotion and ability to perform a job are frequentlyjudged against male standards rather than thecompetencies of the job, such as fitness tests in thepolice force focusing on upper body strength, rather thanthe actual requirements of the role.• Attitudes and expectations as to how a ‘proper victim’should behave continue to shape the criminal justicesystem response to violence against women. A 2009Home office survey revealed one in four respondentsbelieve that a woman is partially responsible if she israped or sexually assaulted when she is drunk and onethird thought she would be partially responsible if sheflirted heavily with the man beforehand.I feel if I don’t partake in sexual banter I get left out and amnot one of “the boys.”Female Prison OfficerWomen who are carers experience disadvantagethroughout the criminal justice system:• Women victims without access to support from family andfriends to look after their children often have to bring theirchildren to court. Yet courts have no facilities to assistmothers in this position.• It is estimated that up to 17,700 children each year areseparated from their mothers due to imprisonment andat least a third of women offenders with children are loneparents. Women are often not prepared for sentencingoutcomes by their lawyers and may be placed in custodywithout the opportunity to arrange for the care of theirchildren.• For women in custody, maintaining contact is veryimportant yet the location of female prisons meansfamilies are often unable to visit and call costs are higherthan standard rates.• Women workers with children face disadvantage in thePage 7

Executive Summary continuedway workplaces are organised such as on-call work andshift work and training and development programmes farfrom home.Double disadvantage on the basis of both race andsex• Ethnic minority women and foreign national women areoverrepresented within the female offender populationand are more likely to feel isolated in custody, less likelyto seek help and face additional language and culturalbarriers.• Foreign national women, who make up nearly one in fiveof the female prison population, are particularly isolatedfrom their children and are currently only provided withfree phone use for five minutes per month to speak totheir family.• Understanding of the needs of ethnic minority womenwho experience violence and appropriate support islacking. Only one in ten of all local authorities have aspecialised service for BME women.• Ethnic minority women are under-represented amongworkers in the criminal justice system. For example, thereis only one ethnic minority woman in the senior judiciary.One size does not fit all• A misunderstanding of equality as requiring sametreatment for men and women has led to male-definedpractices and programmes being applied to women.• The high levels of self-harm within the female prisonestate are one manifestation of the effects on womenof a prison estate which is designed for male prisoners.Self-harm among women in custody has increased by48 percent between 2003 and 2007 and women commitaround 50 percent of self-harm incidents although theyrepresent only 5 percent of the total prison population.• Despite the different needs of women (such as womenonlyaccommodation for women who have experiencedviolence and abuse), there have been instances wherelocal authorities have stipulated that support services,such as refuges, must provide to men on a parity withwomen.Squeezing Women into the Male Mould – The PoliceUniformThe police force uniform provides a clear example ofattempts to make female workers fit the male mould. Insome police forces, the current uniform is based upona 1950s military uniform and the same male-designeduniform is issued for both men and women. Shirts aredesigned for men and are ordered by collar size andstab vests have no shaping for women. There is littleunderstanding that women come in different shapesand sizes to men and therefore need clothing tailored tomeet their body form, resulting in a very impractical anduncomfortable uniform for women officers in these forces.Key Findings:This final report of the Commission reveals a persistinggap between strong policy development and consistentimplementation. Evidence has demonstrated thatthroughout the criminal justice system, practices andattitudes continue to discriminate against women.As a consequence the criminal justice system:• Does not address the causes of women’s offendingwith the result that too many women continue to beimprisoned on short sentences for non-violent crime;• Fails to provide female victims of violence with support,safety and justice; and• Creates a glass ceiling for women working within thesystem so that higher positions across the sector remainmale dominated.The Gap between Policy and PracticeWhen the gender equality duty came into force it washoped that it would result in all organisations providing apublic service proactively addressing discrimination andpromoting gender equality. However, results to date havebeen disappointing and highlight the slow translation ofpolicy into practice.Page 8

Executive Summary continuedon domestic violence, rape and sexual offences as wellas its Violence against Women Strategy and Action Plans.The Commission is also encouraged by the current workof the Home Office in leading on a long over-due Cross-Government Strategy on VAW. However, good policydevelopment will not have impact on the ground, unlessresources and targets are directed towards creating a shiftin attitudes and culture.The Commission has identified five key areasrequiring urgent attention:• A cross-government integrated and strategic approachto ending violence against women. The new Violenceagainst Women Strategy will only succeed if there is realcross-government commitment and an understandingthat violence against women is a relevant issue for everydepartment.• Violence against women should be treated with the sameprofessionalism as other crimes with consistency in initialresponses to victims and investigation across policeareas.• A uniform approach to communication with victims by thepolice during investigation and by the CPS, particularlyat the point in time when the decision is made not toproceed with the prosecution of a case.• Support for women who experience violence shouldnot depend on a woman’s postcode. Currently, thereis patchy provision of violence against women servicesacross England and Wales, particularly in rural areas,and the provision of special measures, interpretationand support for women during the court process isinconsistent.• The attitudes towards violence against women,particularly in relation to rape and sexual offences,exhibited by the police, prosecutors, judges, juries andthe general public.Women WorkersWhile there is growing acknowledgement that femalevictims and female offenders require a justice system thatis responsive to their needs there is less recognition thatjustice needs women. However, a greater representationof women, particularly in high level positions, is crucial tocreate a criminal justice system which is representative ofour diverse society; responsive to the needs of women; andreflective of unique perspectives to issues.I think it is important for women to be seen in all areas ofthe criminal justice system. Until this is true the systemis not reflective of society. I do not believe that there is adifference in the administration of justice because there arewomen doing the job but that is an argument for womento do the job not to the contrary.Female JudgeWhether gender balance can be achieved, particularlyin senior levels, will depend on how responsive careerprogression and grading practices are to the needs ofwomen and how workplaces adapt to utilise the skillsand experiences of women. Adopting a gender neutralapproach, which ensures the ‘playing field remains thesame’ is not the solution. Rather, the participation ofwomen should be understood as a route to challengingmale dominance.There have been policy developments across thecriminal justice system in an attempt to increase therepresentativeness of the justice sector, such as theintroduction of the Judicial Appointments Commissionand changes to the Queen’s Counsel Selection Process.Policies in relation to flexible working, equal opportunitiesand diversity have also been introduced across the criminaljustice agencies. However, although women are makinginroads at lower levels, the higher positions remain stronglymale dominated.I felt that I had to defend my actions rather than him havingto defend his. I often felt like the perpetrator and not thevictim.Female victim of RapePage 10

The Commission has identified five key areasrequiring urgent attention:• Women’s caring responsibilities continue to operate asa disadvantage in career progression (with promotion ortraining requirements often requiring travel or long hours)and in coping with shift or on-call work.• When flexible working and part-time workingarrangements are in place, they are not appliedconsistently and rely on the interpretation of local linemanagement. There is also a lack of understanding thatflexible working can benefit all staff.• Women continue to earn less than their malecounterparts, particularly within the legal profession.• The diversity of individuals applying for the judiciary andfor Queen’s Counsel remains worryingly low. The numberof female applicants for QC in 2008 was at its lowest levelfor ten years.• A male dominated culture continues to exist across thecriminal justice system with women constantly having toprove themselves against male-defined standards such aslong working hours.Women working in the Criminal Justice SystemIn 2008, only 12 percent of police officers at ChiefInspector grade and above were female.Only 15.9 percent of partners in the UK’s ten largest lawfirms were women in 2008.At the top 30 sets of the UK bar, there are only 42 femalecompared to 479 male silks.In 2008, less than a quarter of the prison governors arefemale and fewer than one in four prison officers arewomen.Key Recommendations – Women Need Justice andJustice Needs WomenThe Commission welcomes the Government’s work overthe past five years towards ensuring that the criminal justicesystem meets the needs of women but the pace of changehas been disappointingly slow. This in-depth examinationof the experiences of women in the criminal justice systemhas resulted in recommendations which address each stageof the criminal justice process. These recommendations canbe found at Appendix B.Key over-arching recommendations include:Female Victims of Crime• A Cross-Government Strategy on VAW must beimplemented with real commitment from all Governmentdepartments.• The Government should fund a national awarenessraising campaign on rape and sexual violence, similar toawareness raising campaigns in relation to drink driving.• Specific training aimed at frontline staff within the policeand the CPS to change attitudes towards rape, andimprove initial responses to women and early evidencecollection must be rolled out across the country.• Joint targets for the CPS and the police should bedeveloped to incentivise them to work together anddevelop a national strategy towards rape and otherserious sexual violence offences.• A Government commitment to long term funding forviolence against women service provision, including anational network of rape crisis centres and a 24 hourhelpline.In 2008, just over 10 percent of the 109 High CourtJudges were women and just over 8 percent of the 37Court of Appeal Judges were female. There is only onefemale Law Lord.Page 11

Executive Summary continuedFemale Offenders• Criminal Justice Liaison and Diversion Schemes shouldbe adequately resourced to work in partnership with thepolice and courts to divert offenders with mental healthneeds away from the criminal justice system.• Adequate and robust alternatives to remand must bemade available to the judiciary, such as adequate singlesexbail hostel provision (for women and their children),intensive supervision and electronic surveillance.• Comprehensive pre-sentence reports which analysethe harms likely to result from incarceration shouldbe prepared for each female offender, including anassessment of the impact of incarceration on anydependents.• Prison staff should be provided with training in relation tomental health needs of offenders and the needs of femalevictims of violence, including screening, risk assessment,safety planning and referral to specialist services.• Long term funding for community provision and thedevelopment of a national network of gender specificcommunity provision with accommodation facilities forwomen and their children.service and prison service should be introduced to allowemployees to appeal decisions in relation to flexibleworking beyond local managers.• Methods for promotion and locations for prerequisitetraining should take into account caring commitments ofstaff as well as any disadvantage for part-time or flexibleworkers in assessment methods chosen.• Part-time working and a programme of equalityand diversity should be made available to all levelsof the judiciary.Creating a criminal justice system which is fair for womenrequires consistent and focused hard work on the part ofcriminal justice agencies and organisations. Importantlythere can be no real change until there is a shift in themindset of those working within all levels of Governmentand the criminal justice system that equality does notrequire that women be treated the same as men but ratherthat women should be treated appropriately according totheir needs.• The development of small custodial units in each countyarea to aid the transition to community alternatives tocustody and to be eventually integrated into the nationalnetwork of community provision.Women Workers• Extensive research into sexual harassment anddiscriminatory practices, including pregnancydiscrimination, in the police, probation service, prisonservice and legal profession should be undertaken bythe EHRC in partnership with the relevant authority /inspectorate and the results widely publicised.• An explanation of the benefits of part-time workingand flexible work practices and the availability of theseinitiatives for male and female employees should bewidely promoted.• An appeal system within the police, CPS, probationPage 12

Chapter One:Methodology and an Overview of the Work of the CommissionI truly welcome the work of the Fawcett’s Commission onWomen and the Criminal Justice System in uncovering thetreatment of women. Fawcett’s annual reviews have ledto real reform of the system and I welcome the continuedpressure for change.(Charles Clarke, then Home Secretary, launch of Justiceand Equality, 2005)Remit and Scope ofthe CommissionFawcett’s Commission on Women and the CriminalJustice began its work in 2003 with a one year inquiryinto the experiences of adult women in England andWales. Since that time the Commission has publishedthree annual reviews which have continued to highlightwomen’s experiences of the criminal justice system.Our remit has not extended to Scotland, due to the differentnature of the criminal justice system. However, we havedrawn on examples of good practice from Scotland toinform our work. Time and resources also dictated thatthe Commission’s work has been limited to adult womenand has not considered, in detail, the specific needsof girls and young women offenders or the families ofwomen offenders and/or victims. We acknowledge theimportance of these issues and commend the specificresearch that has been conducted by other bodies.The Commission has published fourreports since its inception in 2003:• Women and Justice (2007)• Justice and Equality (2006)• One Year On (2005)• Commission on Women and the CriminalJustice System Report (2004)Each of these reports has examined issues forwomen as victims, offenders and workers andhas made a series of recommendations aiming tocreate a better and more equitable way of dealingwith women in the criminal justice system.Evidence CollectionSince its inception, the Commission’s work has benefitedfrom the considerable and diverse expertise of itsCommissioners, drawn from across the criminal justicesystem and areas of public life. A full list of Commissioners,current and previous, is at Appendix A. Since 2007, theCommission has been chaired by Baroness Jean Corston,author of the Corston Report - a review of women withparticular vulnerabilities in the criminal justice system.During 2008-09, we held three evidence sessions.Significantly, government departments, voluntary sectororganisations and criminal justice agencies were all veryreceptive to the work of the Commission and all invitationsto attend to give evidence were accepted without exception.The first evidence session, focused on female offenders,and was attended by high level representatives from theSentencing Advisory Panel, Women and Young People’sTeam of the National Offender Management Service;the Women and Criminal Justice Strategy Unit of theMinistry of Justice; and the Offender Health strand ofthe Department of Health. The first part of the secondmeeting concentrated on women as victims and theCommission had the opportunity to meet with The ViolentCrime Unit within the Home Office; Rape Crisis (England& Wales); the Crown Prosecution Service (leads onViolence against Women and Rape); and the Associationof Chief Police Officers (ACPO). The second segmentprovided us with an opportunity to focus on women asworkers in the criminal justice system with the Chair ofthe Judicial Appointments Commission and the NationalCoordinator of the British Association for Women in Policingtogether with Janet Astley, a researcher in the area ofwomen and policing, meeting with the Commission.The third evidence session focused on creating aCommission-led vision of a criminal justice system which isfair for women and the key reforms needed over the nextfive to ten years to create this more gender-responsivecriminal justice system. Vera Baird QC MP, Solicitor General,provided evidence to the Commission. This was followedby a roundtable lunch event at which approximatelytwenty organisations who work on issues relevant towomen and the criminal justice system shared their viewswith the Commission on a ‘wish-list’ for future reform.Page 13

Chapter One: Continued.Methodology and an Overview of the Work of the CommissionWe are especially grateful to the women’s associationsand membership associations within the variouscriminal justice agencies as well as organisationswithin the voluntary sector who facilitated thisprocess and the numerous individuals who gaveup their time to share their views with us. Therewas an overwhelming response to our work withover 500 questionnaire responses received.The evidence gathered by the Commission wasprimarily qualitative and the survey responses fromoffenders, victims, specialised agencies and workersin the criminal justice system have not been codedfor statistical analysis. Content analysis is focusedon broad themes and recurring concerns which areaddressed throughout the report. The focus in the texthas been on giving voice to the diverse experiencesof individual women. The emphasis is on “buildingknowledge from women’s lives – a commitment that,feminists believe, has wider implications that have thepotential to transform existing knowledge frameworks.” 1The Commission Model – a meansfor achieving real changeThese evidence sessions provided the Commission witha valuable opportunity to hear first-hand informationand to follow up issues which were of particularconcern to Commissioners. We would like to thankall attendees who gave up their valuable time toshare their experiences and expertise with us.Vera Baird QC MP, Solicitor General and BaronessJean Corston (Chair) at a meeting of the Commission on4 March 2009A key aim of this final report was to incorporate the voicesof women who have experienced the criminal justice systemas women accused or convicted of criminal offences;female victims of crime; women working within the variouscriminal justice agencies; and organisations working withfemale victims of crime and/or female offenders. Specificallydesigned questionnaires were distributed within theprison service, the police force, the legal profession, thejudiciary, the magistracy, the Crown Prosecution Serviceand the Probation Service as well as to organisations andindividual women via the internet and various networks.This is the final phase of our work. The use of aCommission model has proven particularly effective asit has enabled the work to go beyond a ‘one-off’ reportand we have not been confined in relation to the breadthof issues which we could explore. The five year durationof the Commission has allowed extensive follow-upwork to be carried out in order to track progress onrecommendations by the criminal justice agencies.Through authoritative research, high level lobbyingand media interventions, the Commission hasachieved a number of key changes.Successful lobbying for the introduction of a dutyon public bodies to promote gender equality:In its original report, the Commission recommendedthat legislation on gender should be brought in line withlegislation on race by introducing a positive duty on publicauthorities to have “due regard” to the need to eliminateunlawful sex discrimination and to promote genderequality. The gender equality duty was introduced in theEquality Act 2006, and came into force in April 2007.Page 14

Commissioners listen to evidence from organisations working on issues relevant to women and the criminal justice system.Improved treatment of women offendersThe Commission has led a change in the thinkingof politicians and policy makers about the need forwomen-specific community provision for womenoffenders, which has resulted in projects such as theTogether Women Programme (TWP). The Commissionwas also influential in making the link between femalevictims of violence and patterns of female offending.Improved provision for women victimsOur work has added to the exposure of the scandalof the ‘postcode lottery’ faced by women victims ofviolence. In the second annual review, the Commissionreleased figures that demonstrated the inconsistent rapeconviction rates between police areas ranging from 13.8percent in one police force area to 0.8 percent in another.We also called for an increase in the number of sexualassault referral centres and specialist domestic violencecourts and there has been progress in this regard.Better working lives for women withinthe criminal justice systemThe Commission influenced the decision to establishan independent Judicial Appointments Commission toincrease diversity in the judiciary and has also exposedthe barriers to the participation of women amongthe senior levels of the judiciary, the legal profession,the police, the prison service and the CPS.We would like to thank the funders who have generouslysupported the work of the Commission at varioustimes over the previous five years: The LankellyChaseFoundation; The Barrow Cadbury Trust; The EsméeFairbairn Foundation; The 29th May 1961 CharitableTrust; The Noel Buxton Trust; The Nuffield Foundation;The Home Office; Matrix Causes Fund and Garden CourtChambers. Without the generous support of these funders,the Commission’s work would not have been possible.Page 15

The Five Years of the CommissionComparative Statistics- The First and Final reports of the CommissionWe have endeavoured to collect comparable statistics from the time of the first Commission report (2003/ 2004) and themost currently available data but a direct comparison has not always been possible. These statistics present a picture ofmixed progress over the last five years. There have been marked improvements in some areas, no change in others andsome statistics suggest the situation has worsened. It should also be noted that a five year comparison often does notcapture the whole story. For example, the women’s prison population has increased by 60 percent over the last decade.Female OffendersFirst Report19th March 2004 there were 4,584 women in prison.(In 1993, the female prison population was an average of 1,560)There were 17 prisons that hold women and none in Wales.Final Report20th March 2009 there were 4,309 women and girls in prison.There are 14 women only prisons in the U.K. and none in Wales212,500 women were arrested for notifiable offences. 251,500 women were arrested for notifiable offences (2007).34,100 females were cautioned. 55,700 females were cautioned (2007).11% of all sentences of women were community sentences. 10.6% of all sentences of women were community sentences(2007).12.4% of women in prison were serving sentences of less than orequal to six months.13.9%of women in prison were serving sentences of less than orequal to six months (2007).30% of women in prison self-harmed Around 50% of all self-harm incidents in prison are committed bywomen.376 self-harm incidents by women in HMP Styal 1,324 self-harm incidents by women in HMP StyalAround 17,000 children were affected by their mothers’ imprisonmenteach year.Of all the women in prison two thirds were on remand.More than 17,700 children are separated from their mother byimprisonment.One-fifth of the female prison population is on remand.20% of female prisoners were foreign nationals. 19% of female prisoners are foreign nationals.Crown Court (Sentencing)Immediate Custody:Men, 41,165, Women, 3,109Community Sentences:Men, 19,715, Women 28,545Crown Court (Sentencing)Immediate Custody:Men, 40,911, Women, 3,123Community Sentences:Men, 12,575, Women 30,617Magistrate Court (Sentencing)Immediate Custody:Men, 57,695, Women, 5,701Community Sentences:Men, 143,421, Women, 25,166Magistrate Court (Sentencing)Immediate Custody:Men, 46,500, Women, 4,672Community Sentences:Men, 153,229, Women, 28,37824 women received life imprisonment sentences. 21 women received life imprisonment sentences.Percentage sentenced to immediate custody forindictable offences:Women- 15.2%Percentage sentenced to immediate custody forindictable offences:Women- 14.6%Page 16

Female Victims of CrimeFirst ReportRapeFinal Report11,441 rapes against women. 11,648 recorded rapes against women.2.8% of women reported they had been a victim of sexual assault 3.1% of women reported they had been a victim of sexual assaultConviction rate for rape: 5.3% (of reported cases)Conviction rate for rape: 6.5% (of reported cases)Sexual offence sanction detection rate for rape of a female: 30% Sexual offence sanction detection rate for rape of a female: 25%14 Sexual Assault Referral Centres (SARCs). 22 SARCs in operation and more under development.Domestic Violence37% of victims retracted their cases. 21.2% of victims retracted their cases.There were 2 pilots of Specialist Domestic Violence Courts inCroydon and CaerphillyDomestic Violence accounted for 18% of all reported violentcrimes.There are 104 Specialist Domestic Violence Courts in Englandand Wales.Domestic Violence accounts for 16% of all reported violentcrimes.26% of women killed were killed by a current or ex- partner. 44% of women killed were killed by current or ex – partner.Conviction rate from domestic violence prosecutions stands at25% (of charged cases).Conviction rate from domestic violence prosecutions stands at72.5% (of charged cases).Women WorkersFirst ReportJudiciaryHigh Court Judges, 5.7% are femaleCircuit Judges, 9.4% are femaleDistrict Judges, 21.2% are femaleTotal, 14.9% are femaleFinal ReportHigh Court Judges 10% are femaleCircuit Judges 13.32% are femaleDistrict Judges 22% are femaleTotal 19% are femalePoliceWomen represented:21% of constables11% of sergeants9% of inspectors and chief inspectors8% of superintendents and above.Prison Workers(Apr 2008 figures – 2009 not released at time of publication)Women represent:27% of constables16% of sergeants14% of inspector and chief inspectors11% superintendents and chief superintendents.19% of Governor or equivalent grades were women. 23% of Governor or equivalent grades are women.32% of prison officers were female 23% of prison officer grades are female.Probation Staff18/42 chief officers of probation were women. 19/40 chief officers of probation are women.Legal SystemOn the roll of solicitors 39.5% are female.Of new admissions, 56.8% are female.In 2003 335 men applied to the Queens Counsel, 112 wereawarded. 39 women applied, 9 were awarded.On the role of solicitors 44.3% are female.Of new admissions 59.9% are female2008/9 213 men applied to QC, 87 were awarded. 29 womenapplied, 16 were awarded.Forensic Medical Examiners18% of forensic medical examiners are female. 18% of FMEs working for the Met Police (29 out of 159) arefemale.Crown Prosecution Service67% of CPS staff are women. 7 (16.5%) Chief Prosecutors arewomen.67% of CPS staff are women. 16 (38.1%) Chief Prosecutors arewomen.Page 17

Chapter Two:Introduction - From Policy to PracticeFor the past five years, the Commission on Womenand the Criminal Justice System has brought issuessurrounding women and the criminal justice system intothe policy spotlight. The Commission has highlighted thedisadvantages faced by women throughout the criminaljustice system and has succeeded in prompting legislative,organisational and policy changes. However, while thereis growing awareness and improved policy developmentdesigned to obviate the systematic discrimination faced bywomen as offenders, victims and workers in the criminaljustice system, there remains a significant gap betweenpolicy and practical implementation.Part One of this report tracks the key areas of progressand of failure in relation to Commission recommendationsacross the agencies and considers how failures intranslating policy into practice are impacting on the actualexperiences of women in the criminal justice system.One of the key emerging themes is a persisting gapbetween strong policy development and consistentimplementation. Evidence from female victims of crime,female offenders, women working in the criminal justicesystem and specialist organisations revealed that the needsof women are continually marginalised in a system whichwas designed for men by men. Importantly, there can beno real change until there is a shift in mindset towards arealisation that equality does not require that women betreated the same as men but rather that women shouldbe treated appropriately according to their distinct needs –whether accused or convicted of crime, female victims ofcrime or women working in the criminal justice system.When the Gender Equality Duty (‘GED’) came into forcein April 2007, it was identified as having the “potential totransform the criminal justice system for women – whetherthey are staff, offenders or victims of crime.” 2 It was hopedthat the duty would result in a more positive, proactiveapproach with the burden resting with all organisationsproviding a public service to address discrimination andpromote gender equality. However, results to date havebeen disappointing.The GED imposes a clear legislative obligation upon publicauthorities to adopt a substantive equality (or outcomebased) approach to addressing gender inequality. However,there is a lack of understanding around the meaningof substantive equality and how it differs from formalequality. Formal equality assumes that all people shouldbe treated alike. Such equality can in fact entrench genderdisadvantage. Substantive equality, conversely, is directedat achieving substantively equal outcomes. A substantiveequality approach to tackling disadvantage recognises thatsome inequalities – including gender – are so persistent,durable and institutionalised (in both formal and informalstructures and processes) that to treat people in the sameway may simply be to reproduce disadvantage, thusperpetuating discrimination. Substantive equality requiresthat the roots of inequality are identified and addressed, andthat ‘special measures’ are likely to be necessary to achieveequality.Significantly, the Committee on the Elimination ofDiscrimination against Women (‘The CEDAW Committee’) inits examination of the United Kingdom in July 2008, notedwith concern that:The varying levels of public understanding of the conceptof substantive equality have resulted in the promotionof equality of opportunity and of same treatment only,as well as of gender-neutrality, in the interpretation andimplementation of the Gender Equality Duty.The Commission shares these concerns. Gender equality isstill not being mainstreamed into all policies and processes,and there is a dearth of mechanisms to monitor outcomesand to ensure accountability. Further, a misunderstandingof equality as requiring the same treatment for men andwomen has led to the redirection of funds from women-onlyservices and the application of programmes, services andtreatment designed for men to women. The Commissionheard evidence that this was particularly a problem at thelocal government level, where organisations have beenasked to provide parity of services to men irrespective ofneed.As explored in this report, the GED does appear to havebeen helpful as a lever for specific policy development inrelation to women. For example, the head of the NOMSWomen’s Team noted that the duty had been usefulin pushing for the development of policies such as theGender Specific Standards for Women’s Prisons in PrisonOrder 4800 and in making policy changes such as thebreakthrough new full search arrangements for womenPage 18

3. Allocateresources4. GenderimpactassessmentFigure 1: The Gender Equality Duty & Policy-Making 4prisoners.2. Assessneed anddevelop policyHowever, if the duty is to be as effectiveas intended there is a need for practicaland cultural change at every stage of thepolicy-making cycle (as outlined in Figure1) that takes into account the needs of menand women. To-date, the practical applicationof the duty has too often been reduced toticking boxes, such as the inadequate or unfocused1. Understanddifferencescompletion of Gender Impact Assessments, rather thanthe mainstreaming of gender within core everyday businessthrough concrete understanding of the different needsof men and women. Worryingly, even the completion ofGender Impact Assessments frequently demonstratesan absence of gender analysis. During its collection ofevidence, the Commission requested a number of impactassessments from Government departments and wasdisappointed at the standard of assessments it was shown.Further, the tendency, as noted by the CEDAW Committee,for gender neutrality to be equated with gender equality wasapparent. For example, the UK Government delegation tothe CEDAW Committee in 2008, did not mention the word‘women’ once during its six hours of evidence. 3There has also been a failure to monitor and evaluate theoutcome of policies. The evidence sessions revealed thatwhere information has been collected there has been atendency for the focus to be on collecting informationabout women as an undifferentiated group in the criminaljustice system. Disaggregation of statistics has been afundamental requirement in all UN policies and ensures thatthe intersections between gender and other inequalitiessuch as race and disability can be taken into account.7. Furtherassessment andrefinement of policy5. Implementpolicy6. Monitor andevaluateWe are concerned that given the currentlack of progress in relation to the GEDthat the proposed single equality duty forpublic bodies, proposed in the EqualityBill, if enacted, would lead to furtherreduced focus on gender inequality and inparticular the need to achieve substantiveequality, with gender being lost amongstthe other inequalities. We recommend that theGovernment develops and implements an educationand awareness raising campaign in the public sector (witha particular emphasis at the local authority level) to increaseunderstanding of substantive equality and the practicalimplications of the GED.The Commission is also concerned that the key actorspushing for reform within the criminal justice sector arelargely women. These women are doing a remarkable job.However, there is also a need for men to recognise theskills and experiences which women can bring to the justicesector and the changes which are needed to make thesystem more responsive to female victims and offenders.A culture of gender equality cannot take root unless mensupport the rights of women, their equal participation asworkers in the system, and understand the distinct needs ofwomen within the criminal justice sector.Creating a criminal justice system which is fair for womenrequires consistent and focused hard work on the partof criminal justice agencies and organisations. There is aneed for careful evaluation and research as to the effectthat policy development is having in practice and anacknowledgement that a culture shift is required in thecriminal justice system before any real change can occur.Clear guidance needs to be issued to local authorities toensure they fully understand their obligations under theGED in relation to the provision of violence against women(‘VAW’) services and the provision of services for femaleoffenders and women at risk of offending. All public bodiesincluding local councils, police services, probation services,health authorities and government departments should beassessing the needs of both women and men and takingaction to meet those needs. Public bodies should also besetting themselves pay related objectives that address thecauses of any differences in pay between men and womenthat are related to their sex.Part Two of this report sets out the institutional changewhich is needed to achieve an engendered justice systemwhich recognises and responds to the unique needs,experiences and skills of women and outlines key targetswhich should be reached by 2020.Page 19

Chapter Three:Women and Justice – Meeting the Needs of Female OffendersFigure 2: Receptions into Prison Establishments – Prisoners undersentence by length of sentence, 2008It is now well recognised that amisplaced conception of equalityhas resulted in some very unequaltreatment for the women and girlswho appear before the criminaljustice system. Simply put, a maleorderedworld has applied to themits perceptions of the appropriatetreatment for male offenders. 5(Lady Justice Brenda Hale DBE, Lordof Appeal in Ordinary, December2005)Since the Commission began its work in 2003, therehave been some important developments in recognitionof the distinct needs of female suspects, defendants andoffenders. However, despite these steps forward at thepolicy level, implementation on the ground has been lessevident.Women remain a minority of the prison population (justfive percent of the total population) in a prison estate thatwas designed by men for male prisoners and it is thereforeno surprise that the system continues to overlook theneeds of female offenders. Significantly, women in prisonremained an area of concern for the CEDAW Committeein its examination of the United Kingdom in July 2008. TheUK Government was urged to intensify its efforts to reducethe number of female offenders; to develop alternativesentencing and custodial strategies for women convictedof minor offences, including community interventionsand services; and to take further measures to increaseand enhance educational, rehabilitative and resettlementprogrammes and health facilities and services for women inprison. 6The female prison population remains at a disturbinglyhigh level. On 3 April 2009, the female prison population inEngland and Wales stood at 4,309, compared to a midyearfemale prison population of 2,672 in 1997. 7 Over thelast ten years, the female prison population has increasedby 60 percent compared to a 28 percent increase formen. 8 Due to the limited number of prisons in the femaleestate, women continue to be held far from their homeand families. In 2007, 60 percent of female prisoners wereheld in prisons outside their home region. As one femaleSource: Statistics on Women and the Criminal JusticeSystem, Ministry of Justice, January 2009, p.49offender told the Commission: “My sentence has had ahuge impact on my family even more so because I am nowin a prison so far away from home.” 9Too many women continue to be imprisoned on shortsentences for non-violent crime. In 2007, 63.3 percent ofwomen were sentenced to custody for six months or less(see Figure 2) and 31 percent of all women sentenced toimmediate custody in 2007 were sent to prison for theft andhandling of stolen goods. 10 The number of women servingsentences up to and including three months has increasedby 68 percent since 1997. 11There is now an established body of evidence on thedistinct needs of female offenders. Most notably, theCorston Report published in March 2007 sets out in clearterms the improvements required to address the needs offemale offenders. The Commission commends the stepswhich have been taken in response to the Corston Reportto make the criminal justice system more responsive to theneeds of female offenders and these are discussed in detailin this section. However, there is much work still to be doneand evidence from female offenders in custody illustratesthat there remains a gap between policy development andchange on the ground.The Commission has identified five key areasrequiring urgent attention.• A consistent approach to the needs of female suspects inpolice custody.• Sentencing of female defendants and the over-use ofremand and custodial sentences for non-violent offences.• Implementation of the Corston Recommendations,Page 20

particularly in relation to community alternatives tocustody, the mental health needs of female offenders andthe unsuitability of the current female prison estate.• The gap between policy and practice especially the lackof a consistent, co-ordinated approach on the ground tothe needs of women offenders.• The failure of criminal justice agencies and local authoritiesto comply with the obligations imposed by the GED.This section considers each of these key problem areasalongside noting the significant progress by the Governmentand criminal justice agencies. Importantly, there can beno real change until those working with women offendersunderstand that equality does not require that womenshould be treated the same as male offenders but ratherthat women offenders should be treated appropriatelyaccording to their different needs.Female Suspects– Experiences ofPolice CustodyAt the police station they don’t let you wash, or brushyour teeth or comb your hair. They don’t even offer you ashower, and they expect you to go to court like that! 12In 2006/2007, women made up only 16.97 percent ofthose arrested for notifiable offences. 13 While this numberhas been increasing over the previous five years, it stillresults in police dealing with far fewer female suspectsthan males in an environment which has been traditionallydesigned for men. There is still a lack of understandingin relation to women’s experiences of custody and moredetailed research is required at the local and the nationallevel. However, the limited available evidence suggests thatwomen are likely to have a more negative experience ofcustody than men.International human rights obligations require that allindividuals deprived of their liberty are treated with respectfor their privacy, personal integrity and the inherent dignityof the human person. It is therefore important that facilitiesat police stations, including washing and toilet facilities, areappropriate and dignified for female suspects, includingaccess to a female member of staff to discuss needs, suchas sanitary protection. The Commission has consistentlyrecommended that appropriate hygiene facilities should bemade available to female suspects, without the need to askfor them. However, the evidence suggests that this is stillnot routine practice. Many women told us that they werenot offered sanitary protection and were not able to havea shower or clean their teeth prior to Court. As one femaleoffender described:There were no appropriate hygiene facilities available. Iasked for a sanitary towel and they didn’t come back foran hour and a half. When they did bring me one there wasnowhere to dispose of the old one. The officer told me toroll it up and leave it in the corner of the cell. I was therefor 23 hours and I was only given one sanitary towel. Iasked for breast pads, but they didn’t have any. I wasn’tallowed to shower or wash my face so I had to go tocourt feeling dirty. 14Women were also concerned at the lack of cleanliness andthe cold temperature of the cells.Given the high number of women suspects who are likelyto have experienced abuse by men, 15 it is important thatwomen feel safe in custody. All officers should be trained todeal with women who have experienced abuse, includingtraining as to whether it may be more appropriate for thesuspect to be interviewed by a female officer.The Commission acknowledges that a current lack ofwomen working as police officers in the custody area maymake access to a female member of staff difficult. However,the number of women working in the custody area shouldbe increased through use of the genuine occupationalqualifications exception in relation to recruitment, training,promotion or transfer under section 7(2) of the SexDiscrimination Act; part-time working and job-sharing;or other positive action measures such as the specialmeasures allowed under CEDAW. If custody arrangementsare outsourced to third party providers, a minimum numberof female staff per shift should be stipulated as a conditionof the contract.The significance of the unpaid labour of women as carersPage 21

[A woman] had admitted to an offence of theft fromshops. [She] had accumulated a high level of debt;much of this was related to her offending as stores wereattempting to recoup their losses. She also had supportneeds in relation to substance misuse. [The woman] hasengaged well with TWP, seeing this as an opportunityto address the issues that were leading her to commitshop lifting. She was, at the time, in a cycle of offendingto pay debts that had been accrued as a result of earlieroffending. Her key worker supported her to write to theretail recovery agency. At first the debt was put on holdand then it was written off. [She] attends ADS to addressher substance misuse issues as well as counsellingwith LCWS. She continues to engage with the servicealthough this is likely to be relatively short term as hersupport needs have been met. For this [woman], referralto TWP as a conditional caution was timely and effective.She has been able to address issues that she neededsupport with and had not felt previously able to solvealone. She has not re-offended since engaging with theservice. 17Requiring women to attend a needs assessment opensthe possibility for each individual to consider the reasonsbehind their offending and, in turn, makes them aware ofthe support and training available in the community. Thisrehabilitative approach has largely been absent from thenational approach to conditional cautioning to date. Sincethe scheme began in April 2006 until February 2008, themajority of conditions (just under 60 percent) were forcompensation to victims, followed by a letter of apology in15 percent of cases and it was only in just over ten percentof cases that participation in a drug intervention programmewas imposed. 18However, the success of the condition aimed at womenoffenders goes hand-in-hand with the provision of supportservices for women on a national scale. The Commissionalso recommends that the impact of the scheme is carefullyevaluated and monitored going forward to ensure thatwomen who might have been simply referred for assistanceby the local police, without any formal record of the offence,are not being formally cautioned as a result of the scheme.Female Defendants– Experiences of theCourt System and theSentencing ProcessWomen are always the ones who face court for nonpaymentof TV licenses…We get women who havenever been in court before and they are criminalized andtraumatized unnecessarily. Why should this debt be anydifferent from any other non-criminal debt [such as] creditcard debt? Also it is women who almost always have topay the fines for their errant children obviously this is fairenough to a certain extent, but what about the fathers?Again we get women in court for not sending their childrento school. I have yet to see a father in this position havingbeen on the bench for 17 years.Female Magistrate, Questionnaire Response, March 2009The Legal Profession and Legal AidThe Legal Services Commission provides publicly fundedlegal aid to individuals facing criminal charges through theCriminal Defence Service. Evidence from female offenderssuggested that in the majority of cases, female suspectswere satisfied with the advice received from their solicitor.Many women commented that they were able to deal withthe same solicitor they had dealt with previously whichmade them feel reassured or were provided with a dutysolicitor who explained the process to them. However, theCommission remains concerned that there are frequentlydelays associated with the provision of legal advice. Asone woman stated “It wasn’t until the following day thatI was asked if I wanted legal advice which really stressedme out.” 19 This evidence of extensive delay experienced bysuspects together with the limited time that duty solicitorsare often able to spend with their clients suggests theduty solicitor scheme remains under-resourced: “The dutysolicitor explained everything to me but he was rushingfrom one station to another. Therefore he told me to givea ‘no comment’ interview.” 20 Of particular concern wasthat many suspects who shared their views with theCommission appeared unsure as to their options in relationPage 23

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female Offendersto legal advice, such as being able to elect to have theirown solicitor rather than the duty solicitor. All suspectsshould be provided with the Criminal Defence Serviceinformation sheet which sets out entitlement to legal adviceand the custody staff should ensure that individuals haveunderstood this entitlement.The Commission welcomes the research which is beingconducted by the Legal Services Research Centre intowhether suspects and defendants in the criminal justiceprocess understand their legal rights when arrested andthe main factors influencing their choice of solicitor. Thefieldwork for this research has included interviews with167 female prisoners in HMP Send and HMP Downview.This research is crucial and appropriate funding should beprovided to allow thorough research in this area to continue.Once the case progressed to Court, numerous offenderstold the Commission that they were dissatisfied with theirbarrister or the time they were able to spend with him/herand many added that they had not understood the courtprocess. As one female offender stated “I didn’t understandhow it all worked, I had never been before. I neededmore time with my barrister.” 21 This type of comment wasfrequent.Evidence also suggested there was little information asto what women could expect as a sentencing outcome.Anawim, a voluntary sector organisation working inBirmingham, told the Commission:“We meet women in the prison and they had no ideathey would go to prison and have not even arrangedsomeone to pick the children up from school let alonelook after them for the next few weeks. They need betterpreparation and information from their solicitors.” 22Barristers and solicitors also need to be aware of thespecific harms which can result from custody for womenand their families and ensure that this is clearly presented tothe Court. As a Magistrate recounted:way. She had a male lawyer who perhaps didn’t take theimplications on board.” 23The Poppy Project (providing accommodation, support andoutreach for trafficked women within Eaves Housing) toldthe Commission that poor legal advice has also resulted ina number of trafficked women pleading guilty to charges(such as for holding false documents) whilst evidenceabout their trafficking had not been raised in their defence.Defence lawyers are under an obligation to make enquiriesas to whether there is any credible material showing thattheir client may have been a victim of trafficking 24 andappropriate services such as the Poppy Project should beinvolved at an early stage.Women offenders with children face similar issues to thoseexperienced by female victims and witnesses (see ChapterFour) due to the lack of childcare facilities available atthe courts. This can cause additional anxiety for femaleoffenders. As TWP told us:“When attending court, people often have to arrive for9.45 for the morning sitting but they are given no definitetime of when they will be appearing, meaning they couldbe sitting and waiting for hours…If women have nochildcare they are forced to take their children to courtwith them and there are no childcare facilities available…Sometimes women do not even know why they are atcourt and often attend court with no idea of what theoutcome is likely to be. This means they do not knowwhether they have to set plans in place for childcare or atenancy if they are given a custodial sentence.” 25The Commission recommends that courts should providechildcare services and probation staff or a speciallydesignated member of court staff should be able toavailable to assist the mother with arrangements for herchildren in case she is given a custodial sentence.“We had a case last week where a woman was being sentto prison for non-payment of fines and it only emerged bychance after sentence that she was a single mum with a3-month-old baby. So she was re-sentenced in a differentPage 24

Figure 3: Female Reoffending Rate by Length of Custodial Sentence 2000-2006 29Source: Statistics on Women and the Criminal Justice System, Ministry of Justice, January 2009, p.61The Judiciary and the Sentencing of Female OffendersOf course it is right that the judiciary should jealouslyguard its independence from Government and theexecutive. But that does not mean that it should ignorethe concerns expressed by others about the trends forwhich its decisions are responsible. The family justicesystem is asking itself whether it is indeed unjust tofathers. The criminal justice system could also ask itselfwhether it is indeed unjust to women. 26(Lady Justice Brenda Hale DBE, Lord of Appeal inOrdinary, December 2005)Since its inception the Commission has drawn attention tothe fact that: too many women are being imprisoned onshort sentences for non-violent crime; there is an over-useof remand for female defendants; and there are too manyforeign national women in prison, particularly those servinglong sentences for drug-smuggling offences. Much ofthe rise in the female prison population can be attributedto a significant increase in the severity of sentencing. Forexample, in 1996, 10 percent of women convicted of anindictable offence were sent to prison. While in 2006, 15percent of women were. 27 Short sentences continue tohave a devastating effect on the lives of women whileleading to increased rates of reoffending. As a prisonworker commented to the Commission, “Getting sentencedto four weeks for driving whilst disqualified, what does itachieve” 28A lack of information available about sentencing practicesmakes it very difficult for any analysis of the reasons behindthis increase in the severity of sentencing. This dearthof information is an issue of particular concern to theCommission, resulting in limited knowledge as to the effectof sentencing guidelines or trends in sentencing in relationto female offenders.The Commission understands that the new SentencingCouncil, proposed in the Coroners and Justice Bill, willbe coordinating the collection of data on sentencing.Information on gender, ethnicity, previous convictions,mitigating circumstances and aggravating factors is crucialin the long term in order to understand sentencingpractices and trends. Mechanisms and resources shouldbe put in place to collect this information. However, in theshort term, the NOMS regional structure could be utilisedto compile information which is currently available suchas offence type and sentencing outcome. It is crucial thatsteps are taken to collect this information and in fact, thecollection of data and the implementation of monitoringsystems to assess the different impacts of sentences onwomen and men are necessary in order to comply withthe GED. This duty will also apply to the new SentencingCouncil.The Commission has consistently recommended that theSentencing Advisory Panel should conduct a thematicreview into women offenders. However, the Commissionwas told by the Sentencing Advisory Panel, that a lackof resources and the need to prepare guidelines for newlegislation, had led to an inability to conduct research onthis issue. The proposed Sentencing Council must besufficiently resourced to enable such research, includingrecent trends in sentencing and whether the availablerequirements of the community order are effectively meetingthe needs of women offenders.Page 25

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersPre-Sentence ReportsUnderstanding current sentencing trends is only thebeginning and steps also need to be taken to ensurethat sentencers are aware of the needs of each femaleoffender and the community alternatives to custody whichare available. In this regard, evidence presented to ushighlighted the important role that pre-sentence reports(PSRs) have to play. The Commission recommends that apre-sentence report is always obtained before sentencing awoman offender to custody.My sentence has resulted in a break with my partner ofeight years and has obviously affected my daughter verybadly. She has gone from excelling in school to repeatinga year and still cries every night. She has also stoppedattending other children’s parties because she is the onlyone without her mummy.Female Offender, Questionnaire Response, December2008This pre-sentence report should:• be in writing;• always include community sentence options for nonviolentoffences;• where the offender has caring responsibilities, includean assessment of the impact of incarceration on theirdependents; and• give an outline of all sentencing options which wereconsidered including those which were not recommendedand the reasons why.The Commission recommends that mandatory reportwriting training should be rolled out across probation areasto ensure PSRs are of a high standard and consistentacross probation areas. The quality of PSRs should bemonitored at the regional level.It depends on the time the probation officer has indeveloping the court report and if they really do look atthe whole picture of the woman they are writing the reportfor. Probation officers that write the court reports can beinexperienced and not have the skills to ask the ‘right’questions nor have the availability of resources to offer arecommendation that is going to work for the offender.Previous employee of the National Probation Service,Questionnaire Response, 2009These PSRs should be carefully considered by the Courtin reaching sentencing decisions. Several female offendersvoiced concern that the Judge in their case did not taketheir PSR into account. “I felt I was treated unfairly by thejudge. He did not look at my pre sentence report or othersupporting evidence and I believe as a woman he wantedto make an example, which is unfair.” 30 The Commissionrecommends that judges should be required to givereasons for not following the recommendation in the PSR (ifthere is a recommendation).Mental Health Needs of DefendantsThe prevalence of mental health problems among femaleoffenders remains a major cause of concern and far toomany such women are still receiving custodial sentences.The Commission has highlighted this in previous reports butdisappointingly no consistent progress has been made. Asa Magistrate told the Commission:Having sat as a magistrate for 16 years I have seen agreat change in attitudes over the years, mainly for thebetter. However, women with mental health problems stilldo not seem to get the care they deserve. Great strideshave been made to help and support women from blackand ethnic minority communities but women with mentalhealth problems seem to be pushed from pillar to postwith no one body able to look after them. I have seenmany women brought to court who needed help notpunishment, but because someone decides they havemental health problems that are not treatable, there is nohelp for them .31Lord Keith Bradley’s review into the treatment of people withsevere mental health problems in the criminal justice systemhas been provided to the Government and at the time ofPage 26

writing the Government had undertaken to publish it, alongwith the response, in April 2009. This review should providemuch needed guidance on the diversion of offenderswith severe mental health problems. The Commission isalso encouraged by the forthcoming offender health andsocial care strategy which should assist with developinga coherent strategic approach to the needs of womenthroughout the criminal justice system. This strategy shouldbe finalised and implemented as a matter of urgency.The Commission reiterates its earlier recommendation thatwhere the defendant or offender appears to the court tohave mental health problems, but does not justify admissionto hospital, they should not be remanded or sentenced toimprisonment without a medical report on the impact ofincarceration upon their health. Defendants or offendersshould not be sent to prison in order to obtain a psychiatricreport. In addition, the Commission recommends thatsentencers must have sufficient information aboutcommunity drug and mental health services so that they donot see custody as the main solution for detoxification.The introduction of service level agreements betweenmagistrates’ courts and mental health services iswelcomed by the Commission and pilots are currentlybeing undertaken in South-West and North-West London.However, mental health services, particularly psychiatricservices, need to be linked more closely into all courtsacross England and Wales to ensure that there is swiftaccess.Criminal Justice Liaison and Diversion (CJLD) Schemeshave been tasked with the role of diverting offenders withmental health needs away from the criminal justice system.These schemes involve a range of services and operatewithin police stations, courts and in rural and urban areas.Provision is patchy with differing approaches and qualityacross schemes. From January 2006 to March 2007, anevaluation was carried out of 10 CJLD schemes. 32 It foundthat schemes were seeing on average 2 to 3 percent ofthe total number of offenders, which suggests a large poolof unmet needs. There is a need for greater resourcing ofthese schemes to allow a nation-wide proactive approach;greater signposting and partnerships with availablecommunity provision; publicity for the schemes in policestations and courts and clear performance targets andmonitoring by the Department of Health. 33Training and Awareness of SentencersThere is widespread variation across courts as to the extentto which custodial sentences are utilised. 2006 figures showthat across the 42 criminal justice areas, custody rates inMagistrates’ Courts ranged from 6 percent to 16 percentand in Crown Courts from 45 percent to 68 percent.A study by the Ministry of Justice revealed that thesevariations were not fully explained by a variation in typesof cases but rather seemed to depend on the relationshipbetween the courts and other criminal justice agenciessuch as the police and probation as well as the sentencers’understanding of the availability of community provision intheir local area. 34Sentencers must be made aware of the differential impactsentencing decisions have on women and men includingcaring responsibilities for children or elders; the impact ofimprisonment on mental and emotional well-being; and thedisproportionate impact that incarceration has on offenderswho have caring responsibilities if they are imprisoned along distance from home.The Commission was encouraged by the SentencingAdvisory Panel’s recognition that guidance is required inrelation to female offenders in its recent consultation paperon the overarching principles of sentencing. This includedthe proposed principle that:The statutory requirement that a custodial sentence mustnot be imposed unless the offence is so serious thatneither a fine alone nor a community sentence can bejustified has special force in relation to women offendersbecause of the multiple harms that are likely to result fromincarceration. 35It was also encouraging that among the proposed mitigatingfactors listed as specifically applicable to women offenderswere: the link between women’s involvement in the criminaljustice system and prior victimisation; the high percentageof women who are the sole carers for dependent children;pregnancy; and the high proportion of women who sufferfrom mental health problems. The Commission suggeststhat it may also be appropriate for a non-exhaustive list ofharms which are likely to impact on women in custody tobe included in the overarching sentencing guidelines to alertsentencers to the potential impacts of decisions.Page 27

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersResearch conducted in May 2008 concluded that there islittle evidence that the new community orders introducedby the Criminal Justice Act 2003, have had any significantimpact on the use of custody for women 36 and as figure4 shows the use of community sentences for womenis actually decreasing. The majority of magistrates whoprovided evidence to the Commission stated that theywere fully informed about the range of community ordersbut that there were limitations in the information aboutthe services which were actually available in the local arearesulting in reliance on probation. As one magistrate told theCommission:We are kept up to date about the range of sentencingoptions available within the community but not particularlyabout what people will do to complete these. Forexample, we know the individual will have to completeunpaid work, but not what that unpaid work is or what itinvolves. We rely here on the probation service to adviseus within a PSR as to what options are available to us. 37Training provided by probation to magistrates was seenas particularly valuable. However, many magistrates whoshared their views with the Commission also highlighted theneed for information as to the success of community ordersin practice:…to encourage alternatives to custody, there should bemore evidence given on the success of these orders…Itwould be helpful to have more feedback from Probationregarding reoffending rates. We need to know whatworks. 38I think there is plenty of information regarding CommunityOrders it’s just a pity the money doesn’t seem to be therein order for them to be carried out effectively. Time andtime again we are told this or that isn’t available or forexample the anger management or addressing alcoholabuse and offending behaviour course can’t start forseveral months and because of this the defendant hasoften re-offended again before the order can start properly.Personally I don’t feel at present that many of these ordersactually work.Female Magistrate, Questionnaire Response, March 2009There is also scope for community orders to be usedmore creatively. For example, the specified activityFigure 4– Percentage of Sentences Resulting in a Community Sentence by Sex, 2002-2007Source: Statistics on Women and the Criminal Justice System, Ministry of Justice, January 2009, p.37.Page 28

equirement could be used to refer women to voluntarysector organisations for specified programmes orrequirements can be used to ensure women receive drugor mental health treatment. However, it was reported tothe Commission that, at least in some areas, magistratesare advised against using a wider range of orders due tothe management burden this would place on probation.There is a need for further investigation on how communitysentences could be utilised more effectively for women andmagistrates should be consulted as part of this.Community sentencing and other alternatives to custodywill also only be effective if sentencers see these alternativesas viable options which will rehabilitate women offenders.Organised visits to community provision for women wouldenable sentencers to gain awareness on the communityprovision available and the benefits of non-custodialapproaches for female offenders. Community organisationscan also be approached to take part in training sessionsand this appears to be starting to happen but as Anawim,a voluntary organisation in Birmingham working with femaleoffenders, told the Commission, this is hard work: “Thereare 350 Magistrates in Birmingham and getting around all ofthem is nearly impossible, but we are booked to take part intheir training in October.” 40The Commission is also concerned, given the key rolethat legal advisers play in advising on sentencing optionsthat training is provided to these advisers. The MagisterialCommittee of the Judicial Studies Board has recentlycirculated the Corston Report to all legal advisers and itwill be made available to all Magistrates. The new wingerworkbooks for magistrates also include sections onfemale offenders and victims. It is vital to ensure that thisinformation is put into practice on a daily basis within thecourtroom.The Law in relation to Previous Convictions andBreach of Court OrdersEvidence presented to the Commission highlighted thatwomen are disproportionately affected by the current law inrelation to previous convictions and breach of court orders.The Criminal Justice Act 2003 requires previous offencesto be taken into account in deciding the seriousness ofthe current offence. This change in the law has meant thatwomen committing repeat shoplifting or low-level fraudoffences are likely to be treated more harshly by sentencers,as their previous offences will increase the severity oftheir present offence. As a result, this has the potentialto increase the likelihood of women receiving a custodialsentence. Further breaches of court orders also have thepotential to disproportionately increase the likelihood offemale offenders receiving a custodial sentence.As recommended in the Corston Report, the Commissionreiterates that the restrictions placed on sentencersfor breaches of community orders should be mademore flexible as a matter of urgency. This would allowsentencers to draw a distinction between serious breachand unavoidable breaches such as a failure to keep anappointment due to childcare responsibilities. In turn, therate of breach should reduce if community sentencesare tailored to take into account women’s domesticresponsibilities and vulnerabilities.Over-use of RemandIn this country it’s ‘innocent until proven guilty’, but yetyou are still remanded in custody. I’ve served 5 and halfmonths so far. If I get released by court I would havespent all that time away from my children for nothing. 41In February 2009, there were 782 adult females onremand, 42 almost one in five of the female prison population.Only half of all remanded prisoners go on to receive a prisonsentence. In 2005, only 41 percent of women on remandreceived an immediate custodial sentence. 43 Notably, somesentences are ultimately non-custodial because of timespent on remand. As Table One demonstrates, the numberof females being remanded into custody has continued toincrease. The Commission has consistently voiced concernat the number of women being held on remand and urgesthe Government to ensure that adequate and robustalternatives to remand are available to the judiciary, suchas single-sex bail hostel provision which is appropriate forwomen with and without caring responsibilities, intensivesupervision, electronic surveillance and transportation tocourt.Page 29

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersTable One: Remands into Custody for Untried FemalePrisoners 2002-2006 44Period Number PercentageChange on 20022002 4,954 -2003 5,238 +62004 4,716 -52005 5,173 +4Source: Statistics on Women and the Criminal JusticeSystem, Ministry of Justice, January 2009, p.29The time spent on remand can have a devastating effect onwomen and their families, resulting in the loss of housing,children and income. Simultaneously, the short time spentin prison prevents women from accessing the benefits oftreatment programmes or training.Women are often not given bail and some wait six monthson remand, often with children in care and other socialproblems. The time between arrest and sentencing is oftentoo lengthy to be humane, especially when someone isinnocent!Gerald Bishop, The Sozo Project, 45 QuestionnaireResponse, January 2009When women are placed on remand, time should be usedto properly inform the sentencing process through anassessment of the needs of individual women. For example,the Together Women Programme (TWP) worker based atNew Hall prison prioritises referrals of women on remandand after conducting a needs assessment with the woman,she feeds into the PSR and liaises with legal representativesin an endeavour to ensure the woman is not given acustodial sentence. The Commission recommends that aneeds assessment by organisations such as the TWP or byProbation should be a compulsory requirement if womenare placed in custody on remand. All prisons holdingwomen on remand should also have a fully functioning bailinformation scheme.The Implementationof the CorstonRecommendationsImplementing Corston requires not just commissioningservices but, above all, consistent leadership, directionand resourcing of those people who have to work withand for women prisoners. 46(Lord Ramsbotham, Women in Prison Question for ShortDebate, January 2009)The Corston Report published in March 2007, providedclear guidance on how to address the needs of womenoffenders and it was hoped that it would provide a catalystfor extensive change. However, more than two years later,while there have been some important steps forward inthe policy arena, the movement from policy to practicalimplementation remains disappointingly slow.The Commission is encouraged by the instrumental shift inthinking of politicians and policy makers about the need forwomen-specific community provision for female offendersand the allocation of funding for this specific purpose. Mostrecently, in February of this year, the Ministry of Justiceannounced £15.6 million of new funding towards theprovision of additional services in the community for womenoffenders including specialist community provision and thedevelopment of bail support services.This commitment is encouraging. However, the diversion ofwomen from custody on a large scale is unlikely to becomea reality until a network of community provision is availablenation-wide and until these services have developedto such an extent that sentencers have confidence inalternative provision. This will require long term investmentand a significant increase in funding. Statistics suggest thatthe number of women being sentenced to custody is slowlydecreasing. However, given the number of non-violentfemale offenders still receiving custodial sentences thereremains a long way to go.In the meantime, it is likely that the female prisonpopulation will continue at a relatively high level, particularlyPage 30

given current funding allocations and the relatively slowdevelopment of community provision to date. Recentprojections from the Ministry of Justice are not encouraging(see Figure 5 below). While the focus should remain on thediversion of women from custody and this process shouldbe expedited, the Government must also acknowledgethe reality of the current situation: that until communityprovision is available on a national scale; the high numbersof women in custody are likely to continue. It is thereforecrucial that steps are taken to meet the needs of womenin custody, particularly in relation to mental health, trainingand education, and the needs of foreign national and BMEwomen together with the accommodation needs of womenand their children upon release.Prison: From Policy to PracticeThe Commission is pleased to note that the Governmenthas taken steps to establish the governance mechanismsnecessary to drive the implementation of Corston andto ensure the issue of women offenders remains on theagenda. A sub group to the Reducing Reoffending Inter-Ministerial Group has been established with membersincluding the Solicitor General, and Ministers from theGovernment Equalities Office, Department of Health,Department for Innovation Universities and Skills,Department for Communities and Local Government, andthe Home Office. A Cross Departmental Criminal JusticeWomen’s Unit has also been established to manage andco-ordinate the work on Corston. It is also encouraging tonote that the Reducing Reoffending Inter-Ministerial Groupnow has a standing agenda item on women.There have also been some important and welcomedevelopments at the policy level, such as the introductionof the Ministry of Justice Gender Equality Scheme (1April 2008); the National Service Framework for WomenOffenders (30 May 2008); the Offender ManagementGuide to Working with Women (30 May 2008); and GenderSpecific Standards for Women’s Prisons (28 April 2008) inPrison Order 4800.The Gender Specific Standards (‘GSS’) is a comprehensivedocument, providing guidance on the various stagesof custody and importantly also considering the needsof different women – such as young and older women,BME women, foreign national women, women withdisabilities, women serving a life sentence and women withchildren. The NOMS Women and Young People’s Groupis tasked with the delivery of these standards and is to becommended on their work to date. However, with onlyFigure 5: Projected prison population for females, 2008-2015Source: Statistics on Women and the Criminal Justice System, Ministry of Justice, January 2009, p.47.Page 31

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female Offenderstwelve staff members it is a difficult task. Unless trainingand information-sharing takes place consistently andpractice within the prisons is audited, implementation of theGSS within prisons and a real shift in the current mindsetis unlikely. Further resources need to be devoted to thedelivery of these standards and support provided within theprison service for the work of the NOMS team.There have been some important changes on the ground.NOMS Women and Young People’s team and the CrossDepartmental Criminal Justice Women’s Unit should beparticularly commended for the introduction of the newarrangements for full searching, introduced in all femaleprisons in April 2009. 47 These new arrangements meanthere will be a reduction in the number of full searchesrequired (with a search only to be conducted if there isintelligence or suspicion that an item is concealed) andwhen a full search is necessary this will not require stripsearching.This measure will go a long way to reducing thehumiliation and distress resulting from the previous over-useof strip searching, particularly for those women who havesuffered past abuse. The introduction of the two additionalpathways in women’s prisons in relation to violence againstwomen and women who sell sex is welcomed. Further, theintroduction of the Women Awareness Staff Programme(a two day training course) together with the Workingwith Women in Prison training DVD is also a significantachievement of the Women’s team.However, despite these important developments, evidenceindicates that the gap between policy and practical changeremains within the female prison estate.Mental Health, Deaths & Self Harm in CustodyIt is dreadful to live with women losing their lives in prison. 48When the Commission began its work in 2003, self-inflicteddeaths in custody for women offenders for the year totalleda startling 14. At this time, the Commission urged the prisonservice “to address as a matter of urgency the spirallingincidence of death or self harm among women prisoners.” 49The numbers of deaths in custody for female offendershave continued to fluctuate since this time. For examplein 2006, there were 3 self-inflicted deaths followed by 8female deaths in 2007. In 2008, the self-inflicted femaledeaths in custody totalled only one, which was a welcomereduction. 50 However, at the time of writing this report, onewoman had already taken her life in January 2009 at HMPStyal, just one day into her 28 day sentence .51Figures obtained by the Howard League for Penal Reformreveal, although women make up only 5 percent of the totalprison population, they commit around 50 percent of selfharmincidents. There has been a dramatic rise in self-harmamong women since the inception of the Commission, withself-harm rates increasing by 48 percent between 2003 and2007. 52A national survey of 1,457 newly sentenced prisoners in2008 revealed that 18 percent of female prisoners hadlikely psychosis compared to 9 percent of men and 56percent of female prisoners had 6-10 symptoms of anxietyand depression. 19 percent had attempted suicide and 14percent self harm in the year prior to custody. 53 A Universityof Oxford study into the health of female offendersconcluded that women in prison were five times more likelyto have a mental health problem than women in the generalpopulation. 54These statistics paint a picture of a criminal justice systemwhich is not only failing to respond to the mental healthneeds of women but is also not safeguarding their liveswhile in custody. The recent inspectorate report on HMPStyal, based on an unannounced inspection in September2008, noted that although there had been improvementswith the involvement of the local primary care trust, withinitiatives such as a mental health assessment for everywoman, the prison remained unable to meet “the scale andcomplexity of need.” 55 Staff lacked the training and supportto deal with complex mental health issues such as self harmand as a result, the use of force and lock-up as a means of‘caring’ for these women had increased. The Commissionsupports the finding of the Inspectorate that there is aneed for appropriate resources and a professionally ledtherapeutic environment to allow prisons such as Styal tomeet the complex needs of the women living there.Significantly, the majority of prison workers who sharedtheir views with the Commission from seven of the femaleprisons expressed their concern that prison staff were notequipped to respond to the multi-layered needs of manyfemale prisoners. As one prison worker commented:Page 32

I feel that women with severe mental health problems areneglected. I often come across women who I feel shouldnot have been processed via the criminal justice systembut who should have been immediately redirected tosecure hospital facilities. The severe lack of secure femalehospital beds in the UK also impacts upon the speed withwhich these women can be transferred from prison tohospital. 56Staff were concerned at their limited options. “A lot offemales have mental health issues and clearly should not bein prison as most of the officers that have to manage themdo not have mental health training.” 57The Criminal Justice Liaison and Diversion Schemes,discussed earlier in this chapter, should developrelationships with teams in female prisons so that supportcan be provided to offenders in need. The Commissionalso recommends that training is provided to prison staffin relation to mental health needs and that qualified mentalhealth professionals are recruited to provide this trainingand to offer around-the-clock guidance for staff. At thevery least, one trained mental health nurse or social workershould be on duty at all times.While further steps must be taken to safeguard the lives ofwomen in prison, the real answer lies in diverting womenfrom prison in the first place. Prison should not be used tocontain self-harm, suicide attempts and mental illness. AsDeborah Coles, Co-Director of INQUEST stated “Unlessmore women are diverted from prison the increase in selfinflicted deaths and the associated high levels of self harm,mental distress and family disruption will continue.” 58When deaths in custody tragically occur, support shouldbe provided to the families of these women. The CorstonReport recommended that public funding be providedfor bereaved families to cover legal representation atinquests relating to deaths in state custody and travel,accommodation and subsistence to attend the inquest.This funding should not be means tested. The Commissionis concerned that the Government has rejected thisrecommendation and strongly reiterates that funding shouldbe provided to these families.Women with ChildrenIt’s my children – they are my biggest concern becauseI’ve not spent a day away from them since they were born.I was still breast feeding my baby when I came in here.The judge didn’t care. My baby wasn’t used to bottled milkand he wouldn’t take any milk for 2 days. I applied to themother and baby unit when I first came in; the panel sits inJanuary. When I came into custody there were no facilitiesto express milk. I think me being in prison has mentallyaffected my children. My son’s school work has suffered.I didn’t get the chance to explain to him that I was comingto prison. It happened so fast. He started wetting the bedand it’s affected his school work.Female Offender, Questionnaire Response, January 2009It is estimated that up to 17,700 children each year areseparated from their mothers due to imprisonment and thatonly 5 percent of the children of women offenders remainin their own home once their mother has been sentenced.At least one third of women offenders with children are loneparents prior to imprisonment. 59 Evidence presented to theCommission revealed that separation from their childrenand concerns over how the imprisonment was affectingtheir children was paramount for many women offenders.As one mother told Birth Companions (see box next page):If it is inevitable that pregnant women and mothers haveto be sent to prison, then the Court should take thepregnancy, the children and the length of separation intoconsideration. Because when mothers are separatedfrom their babies and children, the children suffer .60Maintaining family ties through visits and other contact isvery important for these women and their children. Firstnight procedures and induction must provide an opportunityfor women to identify concerns about children or anyvulnerable adults in their care and phone calls should beallowed on reception to family members. First night incustody initiatives such as that run by the Prison Adviceand Care Trust (PACT) are particularly useful to reduce theanxiety faced by female prisoners and to decrease the riskof self harm or suicide and should be introduced across thefemale prison estate.Page 33

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersGood Practice Example: PACT – First Night inCustody ServicePACT has run its first night service in Holloway since2000. The service began with two paid staff and sixvolunteers interviewing women as they arrived in custodyand identifying women that were most distressed. In2005, Holloway established a dedicated first night suitein which women can receive help from PACT staff andother specially trained prison staff and medical staff. Theenvironment of the suite is designed to be as welcomingas possible and accommodates 17 women. PACT workersidentify the needs of prisoners, refer women to appropriateservices, liaise with family members and follow-up longterm support needs. Since PACT’s first night service wasestablished it has worked with over 11,500 prisoners atHolloway.Website: http://www.prisonadvice.org.uk/Regular children and family visits should be allowed and thecost of phone calls from prison should be reduced in linewith standard call costs. The Commission is encouragedby the recent announcement that following a campaignby Prison Reform Trust supported by Action for PrisonFamilies, call costs from prison phones to mobile phonesare to be reduced from 63p per minute to 37.5p perminute. Improvements should be made to prison visitshalls to create a more welcoming environment for childrenwhen visiting their mothers. 61 The booking system for familyvisits also needs to be improved, with some prisons stillusing telephone lines that are frequently engaged or neveranswered. There should be an opportunity to book thenext visit on the current visit (some prisons already use thispractice), along with online booking. Female offenders alsoneed to be supported in relation to the legal arrangementswith their children. Women in Prison highlighted to theCommission that there is a lack of information about careproceedings and a lack of support for women who maylose their children whilst in prison .62Sandra Duhaney, Manager, PACT First Night in CustodyService, HMP Hollowaywomen. These would ensure a woman’s family or birthpartner were contacted in time to support her at the birthand that she would be able to have essential items at thehospital such as baby clothes, nappies, sanitary pads andfood to sustain her. 64 Additionally, guidelines designed toprotect the privacy of the woman (for example, duringbreastfeeding or medical examinations when officers areto wait outside or behind a curtain) are not consistentlyfollowed. Prison staff assigned to women who are givingbirth should be made clearly aware of privacy requirementsas well as what food and clothing arrangements areallowed and ensure that provision is made for this. While,the new Prison Service Order 4800 does provide somewelcome guidance on the treatment of pregnant women,there is a need for further guidance, consistency acrossprison estates and the sharing of good practice.Between April 2005 and July 2008, 283 children wereborn to women in prison .63 The Commission remainsconcerned at the care provided at the time of birth and thelack of awareness and consistency in support for thesewomen across the female estate. Birth Companions toldthe Commission that there is a need for clear guidelines forofficers in dealing with pregnant, birthing and breastfeedingPage 34

Good Practice Example: Birth CompanionsBirth Companions is an organisation which deliversemotional and practical support to new and expectantmothers in Holloway prison and to those who arevulnerable post-release. Birth Companions supportswomen who would otherwise face giving birth alone, manyare foreign nationals with minimal links outside of prison.They deal with the practicalities of pregnancy, labour andbreast feeding. They support women who are separatedfrom their baby after birth, as many women do not geta place in prison with their baby. Birth Companions alsooperate a 24 hour birth support phone line, a weeklybreastfeeding and parenting support group in HollowayPrison and are working with the Prison to develop a morebreastfeeding friendly environment. Birth Companionsbelieves that reducing stress and isolation in pregnancyand birth has a positive impact on the baby’s health andthe mother-baby bond. Birth can be a turning point anda new beginning for women in prison. Last year, BirthCompanions supported 94 women.Website: http://www.birthcompanions.org.uk/Female offender supported at the birth of her babyPage 35

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersThe Prison Service Order in relation to the management ofmother and baby units was introduced in February 2000(PSO 4801) and there are currently eight mother and babyunits within prisons accommodating up to 75 women andtheir babies. However, there is no automatic eligibility forthese units and the Commission is concerned that womenare being unnecessarily separated from their children. Asone prison worker described:We have had five cases where mothers with childrenunder six months have been given custodial sentenceswith no prior consultation and with (perhaps) a falseassumption that because we have an MBU that a placewill be granted automatically. 65Legal decisions in relation to Prison Service policy haveemphasised the balance between the right to family life forthe offender and her child; the right of the child to developrelationships with others; and the preservation of prisonorder and discipline. 66 However, the lack of prison facilities,such as child-care, parent training and counselling and toysand learning materials, should not be used as a justificationto separate mother and child. Rather, the onus shouldbe on the prison service to improve such facilities. Whileexamples of good practice are available, such as AskhamGrange, reports on other MBUs have found a lack of toysand learning materials, as well as inappropriately limitedopportunities for mothers to take their babies outside intoprison grounds. 67Small things such as extremely restricted opportunities forphotographs can have a big impact on a mother and herrelationship with her child. The Commission was told byAction for Prison Families that they experience problemswith cameras not being allowed into the mother and babyunit, which means a mother cannot capture the earlymoments of her child’s life. Birth Companions told theCommission that women at Holloway are given 2 sets of 27photos of their baby but no negatives. 68 The Commissionrecommends that a staff camera is kept in each motherand baby unit which can be used by mothers under staffsupervision to take photos of their child. Women should beprovided with copies of these photos during their time inprison and a disk of these photos upon release.Training and EducationIn August 2006, the Offenders’ Learning and Skills Servicewas introduced across England. The service is fundedand planned by the Learning and Skills Council and run incooperation with the Department for Innovation, Universitiesand Skills, HM Prison Service and the National OffenderManagement Service. A recent report of the House ofCommons Committee of Public Accounts in October 2008concluded that the new service has yet to provide offenderswith effective and useful skills training.Specific failures noted by the House of CommonsCommittee have a particular impact on female offenders.For example, the Learning and Skills Council and the HMPrison Service disagree over what can be delivered tothose on short sentences and the priority which this groupshould be given. This is of particular concern, given thatfemale offenders are the majority of those serving sentencesof under twelve months. Education services also tend tooverlook the short term remand population. Further, thelack of a core curriculum delivered throughout the prisonestate means that learning is disrupted when offenders aretransferred between prisons.The Commission supports the recommendation of theCommittee of Public Accounts that evidence-basedintensive programmes should be designed specificallyfor offenders serving sentences of less than twelvemonths. These programmes should be developed by theDepartment for Innovation, Universities and Skills, theLearning and Skills Council and the National OffenderManagement Service in partnership and should be aimed atsecuring employment on release or signposting offenderstowards further training in the community.A core curriculum of courses should be deliveredthroughout the prison estate and providers should berequired to transfer information about an offender’s learningprogress if a prison move occurs or upon release into thecommunity. There should also be a focus on training whichwomen enjoy doing and which provides much needed lifeskills. Additionally, courses to assist women with histories ofviolence and abuse, may be necessary prior to vocationaltraining.Page 36

Female offenders serving indeterminate sentences find itdifficult to access accredited programmes that are nowan accepted route to prove fitness for release. Accreditedprogrammes such as those to develop cognitive skills haveproven effective in helping male offenders address theiroffending behaviour. No such body of evidence exists tosupport their efficacy with women and, indeed, very fewprogrammes have been developed which are appropriateto women. As with education and training programmes,there needs to be a separate strand of work which reflectsthe different learning styles of women. Developmentalprogrammes specific to women’s needs need to beaccorded the same status in the journey towards release asthe traditional male accredited programmes.The Differentiated Needs of WomenIt is important for any consideration of the needs of womenoffenders to take into account that women are not ahomogenous group. Women will have differentiated needsaccording to their experiences as well as the intersectionbetween gender and other inequalities. For example, ethnicminority women are substantially overrepresented amongthe prison population, comprising 22.3 percent of thefemale British prison population. 69 Further, factors such aswhether a woman is a mother or past histories of violenceand abuse will also impact on the effect of custody on awoman.Women from Black and Minority Ethnic GroupsOn 30 June 2007, 29 percent of women in prison were froma black and ethnic minority background. 70 Women fromminority groups are more likely to feel unsafe in prison andless likely to feel they are treated with respect from prisonstaff. 71 The concentration of ethnic minority communities incities also makes ethnic minority women more likely to beisolated from their families and to receive fewer visits dueto the location of the prisons in the female estate. This alsocreates difficulties for these women in relation to accessingresettlement support.There is a lack of understanding of the needs of blackprisoners. For example African-Caribbean hair oil is anecessity, not a luxury, but it has to be ordered throughthe canteen system which is slow and often chaotic. 72Women also commented that they did not receive anyconsideration for their religious needs throughout thecriminal justice process.BME women and foreign nationals are more likely toexperience isolation in custody leading to increased levelsof depression. Further, BME women may also be lesslikely to seek help from staff. This needs to be proactivelyaddressed. Many prison workers who shared their viewswith the Commission also noted that language was a barrierfor BME women. As one prison worker explained:For black and minority ethnic women, the biggestproblem is communication and language barriers. I knowwe’ve got language line but there are not enough bilingualstaff. Prison rules, literature etc. is not printed in otherlanguages. 73The use of interpreters and the employment of staff whospeak the languages of ethnic minority women should beimplemented within the female estate. Further, staff shouldbe trained in some basic words from the most commonlanguages.Significantly, the Prison Service Order on Women Prisonersprovides guidance specifically in relation to BME womennoting needs such as toiletries, health care, access to awide range of faith representatives and courses and trainingwhich take taking into account different cultures. 74 This isan important step but this policy needs to be translated intopractice and the complexities of the intersection betweengender and racial discrimination within the criminal justicesystem and the attitudes to offending and attached stigmawithin various communities requires further research.One of the critical barriers to understanding the needs ofethnic minority women and their patterns of offending is thelack of data which is available on these women and theirdistinctive needs. As one female ex-prisoner commented:Page 37

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersForeign National WomenThe number of foreign national women in prison in Englandand Wales continues to be of great concern to theCommission. At the end of September 2008, there were849 foreign national women in prison which equated to19 percent of the female prison population, the majority ofwhom were black and minority ethnic women. 75 Notably,women from other countries (particularly asylum seekers orrefugees) may have an exacerbated fear of prison becauseof their perception or actual experience of incarceration intheir home countries.Efforts have been made by the Prison Service to improvethe experiences of foreign national women in custody.The Prison Service Order on Women Prisoners providesguidance specifically in relation to foreign national womenincluding the provision of tuition in English, the provisionof basic information in different languages upon receptioninto prison, advice and support to maintain family linksincluding international phone calls to children; and accessto immigration services. 76This policy development is commendable but concernsremain about implementation in practice. One prison workernoted that:We don’t do enough to combat the language barrier withforeign national women. For the first night receptions theyjust get shoved into reception, and then whisked off to thewings…sometimes they can’t make a phone call becauseit is too late. 77A foreign national woman told the Commission she waswaiting in prison for arrangements to be made for hertrip home, although her sentence had ended - “I finishedmy sentence and I am still in prison. Immigration staffjust have to buy a ticket but they are unable to do it for3 weeks. I don’t know what to do. I am not a prisoneranymore. I shouldn’t be here.” 78 The distance for foreignnational women from their family and children is obviouslymuch greater and contact even more difficult to sustain.The Commission recommends that the monthly free callallowance of 5 minutes for foreign national prisoners shouldbe increased to 20 minutes a month (equating to 5 minutesper week).Further, the fact remains that there is a need forconsideration of alternatives to prison for these women. Aspreviously noted by the Commission, many, despite beingfirst time offenders, are serving long sentences (up to 14years) for the importation of drugs. Evidence reveals thatmany of these women are single mothers, are rarely high-upin criminal gangs and are often the victims of exploitativerelationships. The Commission welcomes the PrisonTransfer Agreement signed with Jamaica in June 2007which will allow a number of low-risk prisoners to return toJamaica to serve their sentences. Similar agreements arecurrently being negotiated with Ghana and Nigeria. Theseagreements will allow women to serve their sentencescloser to their families and should be pursued.However, an urgent review is needed of the complex issuessurrounding these offenders in the UK and an examinationof alternative options to lengthy sentences. The SentencingGuidelines Council announced in 2007 the need for asentencing guideline for cases involving the importationof controlled drugs by so-called drug couriers, includingthe particular issues raised in relation to the sentencing offoreign nationals. 79 However, to date a consultation has nottaken place. The Commission notes that a consultationpaper is currently being prepared by the Panel onsentencing for a range of drug offences which will includethe sentencing of drug couriers. 80A submission from Eaves to the Commission alsohighlighted the ongoing problems in relation to foreignnational women and trafficking with women who have beentrafficked into prostitution being criminalised and jailedfor holding false documents, which have actually beengiven to them by the traffickers. The Commission is veryconcerned to learn of this growing problem, particularly asthe criminalisation of these women is in direct contraventionof the Council of Europe Convention on Action AgainstTrafficked Beings (2005), which was recently ratified bythe United Kingdom. The Commission was told thatwomen often come to the attention of the Poppy Projectonly after they have been detained. Further, if a womanhas been placed in custody before referral for support,Eaves described instances where at the expiration of hersentence, (despite an appeal against the sentence havingbeen lodged) women have been sent to a detention centrerather than being released into the care of support servicessuch as the Poppy Project .Page 38

The Commission recommends that if prison staff becomeaware, or have a suspicion, that a woman has been a victimof trafficking that she is referred immediately to supportservices such as the Poppy Project. In cases where anappeal against a custodial sentence on the grounds thatan individual has been trafficked is underway, and theindividual’s sentence expires, the woman should not beautomatically sent to a detention centre but should bereleased into the care of an appropriate support service,pending the outcome of the appeal.Women with histories of violence and abuseOne in three women in prison report having experiencedsexual abuse and over half have suffered domestic abuse. 81The Bradford Rape Crisis & Sexual Abuse Survivors Servicein their annual report (2007-08) noted that 81.7 percent ofwomen they have seen at HMP & YOI New Hall during theyear in the provision of their women’s counselling servicehave suffered domestic violence or sexual abuse. 82 Therelationship between female offending and histories ofviolence and abuse has received increased attention overthe past few years. Research has noted the significanceof the criminal justice system as a major source ofintervention in women offenders’ lives and the opportunityfor the probation and prison service to take a lead role inco-ordinating the contributions of specialist and voluntarysector agencies in order to help women deal with pastviolence and abuse. 83Counselling services such as that provided by BradfordRape Crisis and Sexual Abuse Survivors Service (see box)are therefore crucial. However, the funding and provisionof services to help female offenders deal with past abuseis limited. Rape Crisis told the Commission that the needfor work within prisons with survivors of sexual abuse isurgent but it cannot be undertaken without a Governmentcommitment to fund these programmes. 84Good Practice Example: CounsellingService in HMP New HallThe Bradford Rape Crisis and Sexual Abuse SurvivorsService delivers a full time counselling service at HMPNew Hall. They work with women who have been raped,sexually abused, physically, mentally or emotionally hurtas children, or have suffered from any form of violenceas adults. This service is highly valued by those whouse it and has a demonstrated positive impact. Theshort and long term counselling has helped women dealwith their past and plan for their future, build safe andconfident relationships, provided women with skills todeal constructively with problems and increased theirself worth. In the year from April 2007 to March 2008,929 appointments were provided by the service and 344referrals were made to them.Email address info@brcg.org.uk Tel: 01274 723896Staff who work in women’s prisons and probation servicesshould be trained to address the needs of female victimsof violence, including screening, risk assessment, safetyplanning and referral to specialist services.Resettlement NeedsFamily break up is more severe and final for femaleoffenders and it is more difficult to repair relationsespecially if children have spent time in care. Men tend toleave prison and be met by their families. Women moreoften leave alone. 85Women in Prison told the Commission they are particularlyconcerned that the two new pathways for womenoffenders are not translating into changes in the approachtowards, and provision for, resettlement. 86 Further, thereare particular problems for female prisoners in relation toaccommodation, accessing benefits and services andregaining custody of their children.Women often face different and more complex housingissues than male prisoners upon release, with one third ofwomen losing their homes while in prison. For example,as St Giles Trust told the Commission, big hostels for thehomeless are often not a safe place to house vulnerablewomen but in cities (and particularly London) there maybe no other option. Women’s role as primary carers alsoPage 39

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female Offenderscreates further difficulties accessing housing. If womendo not have a home they will then experience difficultyin getting their children back. However, they will alsofind it harder to get a home if they are not caring fortheir children. 87 TWP noted this was a common viciouscycle with women unable to get custody of their childrenunless they have housing with more than one bedroomand because women do not have custody at the timeof application they cannot apply for more than onebedroom under Council policy. Women in Prison told theCommission that its support workers are finding it harderto find housing for women leaving prison and that theintentional homelessness criterion presents a further barrier.Women who have children in care as a result of their prisonsentence should be made a priority on the housing waitinglist and should also be eligible to apply for housing withan appropriate number of bedrooms upon social servicesconfirming the number of children.be located in Holloway, travel and money are not easy onrelease or knowing what to prioritise.” 89 The provision ofone stop shop service provision for female offenders andex-prisoners is key to ensure women are provided withguidance to get the help they need.Good Practice Example:Resettlement Advice Call Centre, St Giles TrustSt Giles Trust is developing a ‘peer to peer resettlementadvice call centre’ in HMP Send and HMP Downview.Female prisoners will be trained as peer advisers toprovide a free advice phone line to all female prisoners sothey can access resettlement advice from those who reallyunderstand their situation – other female prisoners.Website: http://www.stgilestrust.org.uk/Good Practice Example: The Re-Unite ProjectThe Re-Unite Project (a joint project between Women inPrison, Housing for Women and Commonwealth Housing)provides safe, secure housing and key-work support formothers coming out of prison for up to two years. Theproject provides for two different strands of support.One for mothers whose children have been cared forby family and friends and the other for mothers whosechildren are being cared for by social services to provideintensive support to rebuild relationships and enable familyreintegration.Website: http://www.re-unite.org/Access to benefits is a complicated process and womencan be left with no funds upon release. TWP notedthat getting a woman’s benefits restarted after they arereleased from prison and ensuring they have enoughfunds to survive until their claims are processed is a majorchallenge. 88 Women are also being released from prisonwithout receiving their prescription medication or sufficientquantities of their medication to allow time to register with aG.P.Organisations told the Commission that resettlementservices are dispersed, confusing and inconsistent. “Anessential drug or alcohol support agency may be inCamberwell while a prisoners’ family organisation maySt. Giles Trust staffPage 40

Moving TowardsCommunity ProvisionThe potential for change and the delivery of effectiveservices for women is considerable…However, thereality may be very different, especially since women area minority group within the criminal justice system. Thecapacity of agencies to attend to gender-specific needsis under question; the quality of inter-agency cooperationis variable; and the position of the voluntary sector in asupportive role may be stronger in some geographicalareas than others. 90The Government’s commitment to building the capacityof one stop shop services at women’s centres andother specialist provision for women in the communitythrough investment in third sector providers is crucial. TheCommission is encouraged by the announcement of £15.6million of new funding towards the provision of additionalservices in the community for women offenders includingspecialist community provision and the development ofbail support services. However, this amount falls well shortof the amount needed to develop a national network ofcommunity provision. The Rethinking Crime & Punishmentreport estimates a budget of £4.5 million per region – anational total of £45million/year (£261 million/6 years) tointroduce a coordinated multi agency approach acrossthe country to reduce imprisonment for women – withcommunity based centres in major cities and flexible accessto services in rural areas. 91Investment in community provision in the short term hasthe potential to save the public purse in the long term (forexample, the average cost of a place at the Asha Centre isno greater than £750 compared to £77,000 for the cost ofa prison place) as well as reducing reoffending rates and theharm caused to offenders’ families. A recent report by theNew Economics Foundation found that the social cost tochildren and to the state of imprisoning mothers for nonviolentoffences totalled £17 million over ten years. 92A study commissioned by the Fawcett Society in 2007into provision for women offenders in the communityrevealed a number of identified needs and best practicerecommendations. 93 Nine lessons were pin-pointed askey to the success of community provision for womenoffenders. In summary, such provision should:• be women-only to foster safety and a sense ofcommunity;• integrate offenders with non-offenders to normalisewomen’s experiences;• foster women’s empowerment to build self esteem andmotivate women to seek employment;• draw on knowledge of effective learning styles for women;• take a holistic and practical approach which focuseson addressing social problems which may be linkedto offending; including through links with mainstreamagencies (such as health, counselling and debt advice);• have the capacity and flexibility to allow women to returnfor continued support and development as required;• offer women personal support through the provision of amentor; and• provide women with practical help with childcare andtransport to enable them to attend on a consistent basis.The Together Women Programme has proven the successof such provision, offering a flexible means of support whichcan be delivered according to individual need and localresources. The two demonstration projects have showngreat potential for reducing reoffending rates and providingwomen with a pathway back into the community. Accordingto a report produced by the Esmee Fairbairn Foundation inJuly 2008, early results from the TWP had demonstratedconsiderable success with an 8 percent reoffending ratecompared with a 55 percent national reoffending ratefor women. 94 Bristol Eden House Project is the latestdemonstration pilot. Due to launch in summer 2009, theproject will offer residential, day and out-reach services tolocal women offenders as well as working with statutoryand voluntary sector agencies to establish a coordinatedresponse. However, these community projects remain fewand far between and there is a need for a co-ordinated rolloutof projects to each county area.Page 41

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female OffendersThere is also support for the use of community alternativesfor non-violent female offenders. In a study commissionedby the Commission in 2004, 68 percent of respondentsindicated that they would like to see greater use ofcommunity sentencing. 95 While, a more recent UK-wideICM survey of more than 1,000 respondents, revealedthat 86 percent of respondents supported communityalternatives to prison for women. 96The Role of ProbationProbation staff have a key role to play in the shift towardscommunity provision as an alternative to custody. Firstly,in terms of the information they provide to the courts inpre-sentence reports (as discussed above) and the activepromotion of alternatives to custody for non-violent femaleoffenders and for individuals on remand and secondly, bymaking sure that probation work specifically targets theneeds of female offenders.There is a need for improvement of the level of bail supportand supervision for those awaiting trial or sentencing.The Government in December 2008 committed to furtherdevelopment of bail support schemes to better meet theneeds of women. This development must happen urgentlyas current schemes which are in place are not meeting theneeds of female offenders. For example, women-only bailhostels are very important for women who have sufferedpast abuse. However, women-only accommodation isscarce and women face the risk of abuse or the formationof abusive relationships in mixed hostels.Guidance was issued to all Probation areas in October2008, 97 encouraging expanded use of female ApprovedPremises (‘APs’) for a wider range of female offenders, inparticular for those offenders ‘who present a medium riskof serious harm, who have suitable needs profiles, andwhose offences cross the custody threshold.’ However,this guidance is only expected to result in an additional15-25 women being held in Approved Premises. Further,the Commission believes the current female AP estate isunsatisfactory as it mirrors a central problem of the existingprison estate – being in inconvenient locations for manyparts of the country resulting in disconnection from homeand family. The Public Protection Unit will be conducting asurvey of the need for AP places, which will pay particularattention to the need for APs for female offenders and theCommission proposes the problems associated with thecurrent locations of APs are considered.The Commission recommends that in line with thedevelopment of one stop shop community provision forwomen, as discussed above, bail hostels are provided insmall, local centres. Bail hostels should also develop greaterprovision for support, particularly for mental health and drugdependency, as a way of improving service and increasingoccupancy rates. This can be achieved in partnership withthe development of community provision. The 218 centrein Glasgow (see box) has demonstrated the successfulcombination of support programmes and accommodationprovision. As a national network of women-only communitycentres is developed, consideration should be given tothe provision of accommodation within or close to thesecentres.Programmes also need to be developed in the communitywhich specifically target female offenders. Evidence fromprobation workers acknowledges that there are fewerresources for female offenders and that most probationwork was geared towards male offenders. As one seniorprobation officer noted, “Programmes and workingmethods have been trialed with men mostly.” 98 One seniorprobation officer in Wales told the Commission that:We do not have specific programmes for female offenders(such as women sex offenders, women domestic violenceperpetrator) In addition, female offenders rarely attendgeneral offending programmes due to the fact that theymay be the only female in the group or that there may beissues relating to domestic abuse. 99Women-only programmes should be provided, togetherwith programmes which directly address the needs offemale offenders, including the development of life skills.One probation officer commented how she:would like to see interventions delivered to women in aninformative and relaxed atmosphere to help them dealwith their everyday problems…bringing in partnershipagencies who can help them with a range of issues,such as help with jobs and training, housing advice,educational and recreational classes. 100The Commission recommends this type of approach,Page 42

which can be developed in conjunction with one-stop shopcommunity provision.Good Practice Example: 218 Centre: Combiningsupport programmes with accommodation needs218 was established in Glasgow in August 2003 with theaim of diverting women from prosecution and providingan alternative to custody. Based on a single site, theCentre provides a day service as well as supportedaccommodation. It offers programmes of care, support,and development designed to stop women’s offending bytackling substance misuse, trauma and poverty. Womenfrom Glasgow can access 218 from the courts, fromprison, or as part of a criminal justice order. They can bereferred or can refer themselves as long as they have beenin custody (including police custody) at some time in theprevious 12 months.Small Custodial Units – a transitional measureWhile the Commission accepts that the Government iscommitted to the diversion of women from custody tocommunity alternatives, given the current numbers ofwomen in custody and the limited resources, a nationalnetwork of community provision will not be in place forsome time. The development of small custodial unitsprovide a short term transitional measure addressing thefundamental issue that the existing prison estates aregeared towards the needs of male prisoners.In June 2008, the Government rejected therecommendation in the Corston Report to replace existingwomen’s prisons with suitable, geographically dispersed,small, multi-functional custodial centres within 10 years.The Government rejected this recommendation as ‘neitherfeasible nor desirable’. The units appear to have beenrejected on the basis of the need for economies of scale forprovision of services; the potential effects of a small unit onvulnerable women; the inappropriateness of small units formore serious offenders; difficulties with the managementof risk; and the use of resources which could be moreappropriately used in improving community provision. 101The Commission notes the new 77 place wing which isdue for completion at HMP Bronzefield this year whichthe Government has indicated will provide an opportunityto test a new approach to the physical environment andprison regimes. While this is an improvement on currentprovision, the fact that it is within the existing prisonestate undermines many of the aims of the provision ofsmall custodial units such as accessibility for visitors andresettlement needs.Given that the high level of women in prison is likely tocontinue for some time, with the current pace of communitydevelopment and present sentencing practices, theCommission recommends further research is undertakenby the Ministry of Justice on the feasibility of small custodialunits. The Commission acknowledges that there wouldbe some initial cost in their establishment. However, giventhat the current female prisons could be incorporated intothe male estate this would help to off-set the need forsubstantial investment in prison building for increased maleplaces. Further, the development of small custodial unitsdoes not need to be seen as an alternative to communityprovision (or as a redirection of resources away fromcommunity provision) but can be seen as a means ofmoving towards community provision. The two can beprogressed hand in hand.If the proposed units were increased in size, housing up to70 prisoners, in each county area, they could be developedin conjunction with specialist community provision forwomen. The location in each county area would enablethird sector providers to extend their support services towomen in custody and would allow the one-stop shopmodel (such as the Together Women Project and the newEden House which will shortly begin operation in Bristol)to access female offenders before they are released fromcustody. It would also allow prisoners on remand to havetheir needs appropriately assessed before sentencing.The development of such units would permit theenvironment to be designed for women rather than womenbeing confined to the current male-designed prison estate.In other countries, where the small custodial unit approachhas been adopted, initiatives have included a garden forrecreation, a kitchen for the joint preparation of food, androoms which are residential in style. Contact with childrencan also be managed within each unit. For example, thefacility in Western Australia provides permanent residentialaccommodation for children under the age of four toenable them to stay with their mothers. Training and healthneeds can also draw on local communities, which willPage 43

Chapter Three: Continued.Women and Justice – Meeting the Needs of Female Offendersaid resettlement in the longer term (with a continuity ofeducation and medical care possible). The residential set-upof the unit also allows for the development of life skills.Models which have been adopted in Western Australiaand Northern Ireland, illustrate how risk can be managedappropriately with separate houses having differentrequirements depending on risk management needs. It ispossible therefore for the needs of short term offenders tobe met alongside the needs of offenders serving sentencesof two years or more.The Government Working Group on small custodialunits noted that some of the women prisoners consultedexpressed concerns about the increased likelihood ofbullying in a smaller environment. Bullying is a commonoccurrence among female prisoners. However, ratherthan being cited as a justification for not moving towardssmaller custodial units, steps should be taken to tacklebullying across the piece. Arguably, such steps would bemore effective in small custodial units, with staff better ableto monitor prisoner interaction in an environment whichis less based on control and with studies demonstratingthat bullying actually decreases as a sense of communitydevelops. 102The Commission recommends that alongside thepilot at Bronzefield, a pilot of a small custodial unit (ofapproximately 70 prisoners) is trialled in the Bristol area,working in partnership with Eden House.Good Practice Example: The Dóchas CentreThe Dóchas Centre in the Republic of Ireland holds womenon remand, women awaiting sentencing, sentencedprisoners, and women detained under immigrationlegislation. The women are accommodated in the prisonin seven separate houses, each house accommodatingten to twelve people except Cedar House, which canaccommodate eighteen women, and Phoenix, the prereleasecentre, which accommodates women in privaterooms or in self-contained studio apartments. The roomsin the Dóchas Centre all have ensuites and each womanhas a key to her room so that she can move freelyabout the house during the day. The Centre also hasa Health Care Unit staffed by nurses and a gym and acomprehensive sport and fitness programme. The womenprepare their own breakfasts and eat lunch together inthe dining room with prison staff. During the day theyattend school or one of the workshops with coursesincluding woodwork, IT, English and maths, cookery, art,photography, group skills, drama, physical education andcreative writing. There is a beauty salon/hairdressing salonand a craft room. An evening meal is served in the diningroom around 5 pm and after the meal the women havefree time to socialise in the garden or the sitting room or towatch television until 7.30 pm when the houses are lockedfor the night.Good Practice Example:The Boronia Pre-Release CentreThe Boronia Pre-Release Centre in Western Australiaopened in May 2004 with 70 places. Women are offeredopportunities to make choices relating to their education,employment, health, family and personal development.All women in this centre are employed and employmentand training is linked with real jobs in the community. Thecentre provides residential accommodation for children upto four years old as well as extended day and overnightvisits for children up to twelve years. All residents areencouraged to take part in community activities outsideof the prison. Accommodation is provided as domesticstyle housing with each having a household budget thatmust be taken care of. There are two female G.P.s inattendance.Page 44

Chapter Four:Women Need Justice - Women as Victims of CrimeFigure 6 – VAW Services in BritainViolence against women cannot be tolerated, inany form, in any context, in any circumstance,by any political leader or by any government.The time to change is now.U.N. Secretary-General Ban Ki-moon, 5 March2009The Commission’s work since its inception hasconsidered the experiences of female victims ofcrime. 103 Given the nature of evidence received bythe Commission over the last five years and thepressing concerns surrounding gendered crime,the Commission’s primary focus has been onviolence against women.Violence against women [VAW] has continuedto be a low priority both within government andwithin society at large because of the widespreadbelief that women have achieved equality. Anindependent review of the Government’s work onviolence against women gave them a score of just2.18 out of 10 in 2007. Notably, this was evenlower than that given in 2006. 104 VAW remains aproblem of pandemic proportion. It is estimatedthat 3 million women across the UK experiencerape and sexual assault, domestic violence, sexualharassment, forced marriage, trafficking, or other forms ofviolence each year. 105Criminal Justice agencies have continued to makeadvances at the policy level. However, policies will not haveimpact on the ground unless they are rights-based, victimcentred and lead to societal recognition that women havethe right to live their lives free from violence. During this finalphase of its work, the Commission has received evidencefrom female victims of crime and organisations working withfemale victims. This evidence has demonstrated that thecriminal justice system continues to fail to provide womenwith the support, safety and justice they need.The statistics paint a similar picture of a system which isfailing women. It is estimated that only 15 percent of serioussexual offences against adults are reported to the policeand of the rape offences that are reported only 6.5 percentresult in conviction. An estimated 66,000 women living theU.K. have undergone FGM and 21,000 girls under 16 areSource: Map of Gaps 2: The Postcode Lottery ofViolence against Women Support Services in Britain, EndViolence Against Women and Equality and Human RightsCommission, January 2009.currently at risk. 106 However, there has not been a singleprosecution under the Female Genital Mutilation Act 2003.British crime figures indicate there are 12.9 million incidentsinvolving domestic violence against females annually.High profile cases such as the murder of Sabina Akhtar in2008 by her abusive husband after the case against himwas dropped by the CPS and the case of the taxi driverrapist, John Worboys, who was convicted of 19 chargesof drugging and sexually assaulting 12 female passengersand is reported to have attacked up to 100 women aftercomplaints made by women to police were not properlyinvestigated, expose a system which is not working inpractice. Violence against women continue to be crimeswhich are not treated with the professionalism or vigourdevoted to other crimes. While there have been somePage 45

Chapter Four:Women Need Justice - Women as Victims of Crimeimportant steps in the development of policy and increasedacknowledgement of the existence of violence againstwomen as a significant issue, frontline staff continue todoubt the credibility of victims and society continues to‘judge’ the victim rather than the perpetrator. As one victimtold the Commission, “I felt that I had to defend my actionsrather than him having to defend his. I often felt like theperpetrator and not the victim.” 107Support for women who experience violence is also lacking.Currently, there is inconsistent provision of violence againstwomen services across England and Wales, particularlyin rural areas. The recent Map of Gaps 2 report producedby EVAW in partnership with the EHRC, revealed thatover a quarter of local authorities across Great Britainhave no specialised VAW support service. 108 Significantlyunderserved regions were identified as the East of Englandand the South East. This remains a major concern for theCommission.The Report also found that just one in 10 of all localauthorities in England, Scotland and Wales has aspecialised service for BME women, nearly one in threelocal authorities has no specialised domestic violenceservice, less than two-thirds of local authorities have awomen’s refuge; and only one in four local authority areashas a sexual violence service. Victims just cannot accessthe services they need. As one young survivor of rape toldthe Commission, “Having tried services in my area andfound them unavailable, my mother drives me a 72 mileroundtrip for counselling.” 109While the Government commitment to setting up SexualAssault Referral Centres (SARCs) in each police area, asdiscussed later in this Chapter, is commendable, there isalso a need for the difference between SARCS and RapeCrisis Centres (RCC’s) to be taken into account. While thegrowth in SARCS is necessary, RCCs are equally valuableand need to receive equal attention and funding. In 2008,69 percent of Rape Crisis Centres reported they lackedsustainable funding. 110 The growth of SARCS and therelatively even distribution across England and Wales hasshown what a clear Government commitment can achieve.This now needs to be extended to the provision of rapecrisis centres and other specialist provisions for victimsof violence. In April 2008, the Government announcedfunding of £1 million to fund rape crisis centres. Thisfunding, when it was finally delivered in November 2008,was welcome but it was a stop-gap measure sufficient onlyfor averting the closure of eight centres rather than allowinginvestment in any additional provision. The announcementof further funding in March 2009, of £1.6 million isencouraging. However, a long term funding solution is yet tobe identified.The Government has also announced funding for adomestic violence helpline (there is a DV helpline currentlyrun by Women’s Aid and Refuge) and this is welcomed.However, there is also a need for a national helplinefor sexual violence. The Government committed to theestablishment of this helpline in the Sexual Violence ActionPlan and this should be progressed as a matter ofurgency.Cross GovernmentStrategy on ViolenceAgainst WomenThe Commission has consistently recommended that aCross-Government strategy to end violence against womenis urgently needed. In 1999, the CEDAW Committee, calledon the United Kingdom to adopt and implement a unifiedand multi-faceted national strategy to eliminate violenceagainst women and girls, which would include legal,education, financial and social components. However, noaction was taken. In 2008, the CEDAW Committee againurged the United Kingdom to give priority attention to anational strategy on VAW.The Commission is encouraged by the work of the HomeOffice in leading on a long over-due Cross-GovernmentStrategy on VAW. The consultation on the development ofthe strategy was launched on 9 March 2009 and representsan important opportunity to ensure all governmentdepartments take responsibility for tackling VAW issues,with a focus on prevention and elimination of VAW.However, the strategy will only succeed if there is realcross-government commitment and an understandingPage 46

that VAW is a relevant issue for every department. The2007 independent review of the Government’s VAW workrevealed that many departments just do not recognise therelevance of VAW to their remit. There is a legal requirementunder the Gender Equality Duty to promote change -each department is required not just to have due regardto the need to eliminate unlawful sex discrimination andharassment but also to promote gender equality betweenwomen and men. This requires recognition of VAW as amanifestation of gender inequality and a consideration ofthe impact of policies on VAW.Important developments such as the Cross- GovernmentAction Plan on Sexual Violence and Abuse (April 2007); theNational Domestic Violence Delivery Plan; the ProstitutionStrategy (January 2006); Tackling Violent Crime Action Plan(February 2008); and the UK Action Plan on Trafficking (23March 2007) have all been welcomed by the Commissionover the past two years. However, the VAW Strategypresents the opportunity to integrate work rather thanthe current fractured approach. This will allow for theprioritisation of a comprehensive funding strategy for theprovision of services for women who have experiencedviolence and will also enable the intersection betweenviolence against women and other inequalities, such asethnicity, age, sexuality, social class and religion, to beidentified.The Commission was also encouraged to see thepublication of a strategy paper by the Conservatives inDecember 2008. 111 This demonstrates that VAW is beingrecognised as an important issue across the politicalspectrum.The Police – Reporting &InvestigationIt is clear that at the highest levels of the police force,there is recognition of the need for changes in practiceand in some areas of the country, police investigation hasmarkedly improved in recent years. However, there remainsa need for consistency in investigation across police areasand more importantly, a shift in attitudes and culture.The Decision to ReportIf victims do not have confidence that the criminal justicesystem will provide them with support, safety and justicethen they are unlikely to make the decision to report anoffence.Evidence shows that women may choose not to reportdomestic violence to the police either because they feelexcluded from the criminal justice system by virtue oftheir gender, ethnicity or class, or because they doubt theefficacy of this route for dealing with domestic violence. 112Vulnerable and intimidated women, particularly frommarginalised communities, may also feel a mistrustof authorities or pressure for violence, particularlywithin the domestic context, to be resolved within theircommunity. Additionally, women who are trafficked forsexual exploitation or domestic labour may be preventedfrom reporting their situation because of barriers suchas restrictions to their movement, intimidation, a lackunderstanding of the UK legal system and languagedifficulties.Crimes of rape and domestic violence have particularlylow reporting rates. On average, it is estimated that just10 percent of survivors who are supported by Rape CrisisCentres report their experience(s) to the police. 113 Womenin domestic violence situations often fear retaliation from theperpetrator for themselves or their children, have difficultiesleaving the abuser because of financial dependence or fearbeing judged or even blamed by the authorities or society.As one woman told the Commission:Domestic violence is not a one off event and yet the policereact on what they see at the time. I felt the police saw itas 50:50 when I was being terrorised on a daily basis…it is easy for a charming perpetrator to get two blokes ‘onside’,she’s always nagging and so many people includingpolice officers buy into this being a legitimate excuse forviolence. 114There should be continued evaluation of the impact ofthe Domestic Violence Crime and Victims Act 2004 toensure measures do not have a detrimental effect onreporting rates. For example, the criminalisation of breachof non-molestation orders may lead to women being lesswilling to lodge a complaint against a violent partner. APage 47

Chapter Four:Women Need Justice - Women as Victims of Crimereported decrease in the number of women seeking nonmolestationorders since the implementation of the Actsuggests that there may be some basis for this concern.However, this decrease may also be attributable to thereduction in solicitors undertaking legal aid family law workand increased restrictions on legal aid. The effects of the Actshould be carefully monitored going forward. There is alsothe need for continued awareness raising and training withinthe police to ensure that a national approach is adopted inrelation to the enforcement of non-molestation orders, sothat women receive consistent messages.The myths and stereotypes surrounding rape affect thewillingness of victims to report the crime. They fear that theywill be blamed for the attack or disbelieved, particularly ifalcohol is involved or if the rape was committed by someoneknown to the victim. Significantly, the majority of rapes arecommitted by a perpetrator who is known to the victim.Even when a woman makes a decision to contact thepolice, she may be discouraged from pursuing the case orthe police may make the decision to classify the allegationas no/not crimed. The 2005 study, A Gap or a Chasm?Attrition in reported rape cases found that there was anover-estimation of the scale of false allegations in rape casesby both police officers and prosecutors which fed into a“culture of scepticism.” 115 The Commission was told duringevidence from Rape Crisis about examples of women whohad attended the police station to report being raped only tobe told that as there was little chance that their case wouldlead to conviction there was no point in reporting it. ACPOacknowledged to the Commission that there were certainlyproblems with an initial ‘brush-off’ and that further trainingof frontline staff was required. Training for initial responseofficers is also needed on behaviour which rape victimscould potentially exhibit which may be misinterpreted asunreliability.A 2007 Review which looked at 677 rape allegationsreported to the Metropolitan Police Service in April and May2005, revealed police are more likely to no/not crime caseswhere the victims have specific vulnerabilities such as beingunder eighteen, having mental health issues, being in anabusive relationship or if alcohol was involved. 116 As TableTwo below illustrates, more than one in three allegationswhere the complainant had a mental health issue wereclassified as ‘no-crime’ or ‘not crimed’; and more thanone quarter were classified as ‘no crime’ or ‘not crimed’when alcohol was involved. This reveals worrying attitudessurrounding whether an individual will be considered acredible witness.Training should be implemented for all frontline staff inrelation to the myths and stereotypes surrounding rape,including different responses to trauma which may resultin delays in reporting, memory loss or an appearance ofdetachment. Victims should be provided with supportand not discouraged from continuing, notwithstanding theinvolvement of alcohol, any mental health issues, whetherthe violence occurred in a domestic context or the age ofthe individual.Table Two - Outcome of rape allegations by type of vulnerability 117Type of vulnerability(not mutually exclusive)No / NotCrimed(without falseallegations)FalseAllegationsCrimed, notchargedCharged, notconvictedConvictedTotalMental Health Issue 44 25 44 9 2Domestic Violence 28 16 91 21 6Alcohol 63 28 100 31 12Under 18 41 21 113 33 12Page 48

Women also need to have clear information about theiroptions and what the criminal justice system entails.Resources such as From Report to Court, a book publishedby Rights of Women, are important resources and shouldbe made widely available.InvestigationThe 2008 domestic violence arrest rate was only 30.1percent which was 1.3 percent down on the previous yearand varies across police force areas. 118 In rape cases,the conviction rate from complaint to conviction is only6.5 percent while the conviction rate from point of chargeto conviction is 37 percent. A significant number of rapeallegations do not proceed beyond the investigation stage.The support for victims and expertise of staff involved in theinvestigation of cases of VAW is therefore crucial.Testimony of victims provided to the Commission revealedthat an inconsistent approach to the needs of femalevictims continues across the country. Women’s experienceis very much dependent upon the individual officers’reaction to their initial complaint and follow-up care. As onevictim of rape in 2008 told the Commission “The attitude ofthe investigating officer was one of dismissal and non-belief.She gave the impression that she could not be botheredand that she believed the perpetrator over me.” 119 If victimsof violence are faced with disbelief from the outset they areunlikely to feel encouraged to follow through their complaintonce a report has been made.…it will take only the raising of one skeptical eyebrow by apolice officer in interview, or a single gesture of impatienceby the prosecutor, and she [the victim] will lose courageand withdraw.Vera Baird QC MP, Solicitor General, March 2008Attitudes and expectations as to how a ‘proper victim’should behave continue to shape the Police response toVAW. For example, the Commission was told that policeroutinely fail to identify victims of same sex domesticviolence, often arresting both parties. Eaves also told theCommission that few victims of same sex violence areasked about sexual violence which leads to incompleterisk assessments. Respect, an organisation working toincrease the safety of those experiencing domestic violencethrough promoting effective interventions with perpetrators,highlighted to the Commission that there is a lack ofunderstanding concerning the use of violence by womenagainst male primary aggressors. Violence can be used bywomen as self-defence or retaliation and a failure by thepolice and other criminal justice agencies to understand thisreaction, is often used by the perpetrator to his advantage,leading to cases being discontinued. 120The victims’ first point of contact with the police needs tobe one of reassurance and support. The Commission isencouraged that facilities available to female victims appearto be improving. One woman told the Commission that “thespecial unit had sofas and a shower and felt very warm andsafe.” 121 However, this is again not consistent across thecountry with another recent victim of rape describing how“The police station was too open. Too many people. Peoplelooking at me because of the state that I was in – emotional,confused, shaking, unstable, cold. The station or officersdidn’t make me feel comfortable or secure.” 122I was taken to the Topaz centre in Nottingham... On theoutside it looks like a normal building - a house. Onceinside it is just like being in someone’s front room, bigcomfy chairs, a coffee table, TV... I was left to watchTV whilst they prepared for my forensic examination...This was just like a doctor’s surgery so not too intrusive,although there did seem a lot of people present. Once inmy actual interview, it was like going from the living roominto the dining room, sat on more settees with neutraldécor… It was nice that it was like being at somebody’shouse, it made it alot less daunting than being in an officeor something. And as stressful and upsetting as it wasto tell what had happened, the surroundings did make iteasier.Female rape victim, Questionnaire Response, January2009Page 49

Chapter Four:Women Need Justice - Women as Victims of CrimeThere is also a need for female officers to be available,particularly when this has been requested by a victim. Onevictim described how:They [the police] came to my house. Since I had beenthreatened with rape by a guy who told me he worked forthe police, I specifically requested a female officer. Theysent two huge men who then refused to show ID...I wasterrified. 123Women who do not speak English as their first languagemust be provided with the necessary interpretation supportby the police and funding must be allocated for thispurpose. The Commission was told of instances wherepolice have asked voluntary organisations to provide andfund interpreters as they do not have the funding to do so. 124The Project Sapphire units within London were commendedto the Commission on a number of occasions for theirprofessional approach to victims of sexual violence. Theseunits are based in each London borough and aim to providevictims with a specialised service from officers who areappropriately trained to deal with cases of rape and sexualassault and to provide appropriate support to victimsincluding referral to partner organisations. As one policeofficer commented, “I think that Sapphire is the best thingthat happened to the MPS in terms of professionalisinginvestigations of rape and sexual offences.” 125 However,even among specialist Sapphire units, victims also reportedsome worrying attitudes among frontline staff, indicatinga need for ongoing training and this was particularlyhighlighted by the two recent cases of sexual offenderswhere Sapphire teams failed to investigate effectively. Whathas emerged in the aftermath of these cases is that toomany staff in Sapphire are inexperienced and untrained,and that performance in rape cases has not been givenpriority. 126They were professional and calm and kept me updated atall times. They emphasised the seriousness of the crimeand the seriousness with which it was treated by police…The particular officers who helped me definitely madethings better and gave me a greatly increased level ofconfidence.Female rape victim describing the Hammersmith andFulham Sapphire team, Questionnaire Response, January2009Jacky Fleming ©Page 50

Victims reported telling their story to the police at leastthree times with some having to do so five or six times.This re-telling can have a traumatic effect and can alsoimpact on the confidence of the victim. Reforms which wereintroduced in November 2007 to allow video recordings ofstatements by rape victims to be used as their evidence-inchiefin court are welcomed by the Commission. However,it is important to ensure that victims understand what thevideo evidence will be used for and that the giving of videoevidence does not create additional trauma for the victim.One woman described how “It took me five hours to domy video interview. They interviewed the perpetrator for 36minutes.” 127 Further, the video evidence needs to be put incontext in the courtroom for the jury.I felt the police were extremely helpful and made me feelvery supported. I did have to repeat what happened tome around six times though, to various people. Also I wastold I had to give video evidence the last time which wasdamaging to the case I think. The defence barrister pointedout that I wasn’t crying and nobody explained to the jurythat I was in shock and had told them what happenedseveral times by then.Female rape victim, Questionnaire Response,January 2009It is crucial that contact is maintained with the victimthroughout the investigation and stages of the criminaljustice process. While some individuals reported a goodlevel of contact with the police others felt uninformed.Women are more likely to withdraw their complaint if theydo not feel it is being treated as a priority. “The first two orthree days the police maintained contact, then nothing/infrequent for two months until we told them that westrongly felt uninformed.” 128It is essential that this contact and information-sharingwith the victim involves providing sufficient notice if adefendant is being released on bail. Victim Support told theCommission that currently, under the Code of Practice forVictims of Crime, the police are required to inform victimswhere a defendant has been released on bail within fiveworking days or one working day if the victim is identifiedas vulnerable or intimidated. This lack of warning can resultin additional distress and increased risk, particularly in adomestic violence situation. As one female victim describedto the Commission:The police didn’t maintain contact with me. After mypartner was arrested I had no idea what was happening.I was left home alone. I finally got his solicitor to tell mehe had been bailed. In this respect I don’t think that thepolice took it seriously. 129The Commission recommends that the Code of Practice forVictims of Crime is amended to require the police to informvulnerable or intimidated victims if a defendant has beenreleased on bail or had his bail conditions altered before thedefendant leaves the premises of the court.As time went on I was less likely to report it [domesticviolence] as I knew the police would remove my partner (asI own the house) and lean on me to press charges. WhenI agreed to this course of action my partner was bailedand told not to come to the village I lived in. He ignoredthis and the next day broke into my house with a crow barwhilst I was inside the house. I phoned the police and hewas arrested again. I lived in absolute fear each day…I wasso scared of what he might be capable of, based on pastevents, that I dropped the charges…I felt very alone. It waseasier to have him back and have some control of my lifeagain.Female domestic violence victim, Questionnaire Response,January 2009The Commission heard evidence from ACPO and wereencouraged that progress has been made in some areaswith specialist investigation and co-ordination measuresbeing put in place. All forces now have a Rape Championand Domestic Violence Champion and forces areencouraged to ensure this position is held by an officer witha rank of Chief Officer or Senior Detective. These individualsare an important means of sharing best practice betweenforces and are linked up electronically. A specialist team ofexpert advisors on rape has been set up and has visitedevery police force in the country to assist in producing alocal action plan. Sexual offences training for police officershas also been introduced and specialist rape investigationofficers are now in every area together with sexual offenceofficers to provide support during the investigation.Page 51

Chapter Four:Women Need Justice - Women as Victims of CrimeThe Commission commends these steps but is alsoconcerned at the continuing inconsistencies betweenforces. The Commission recommends that rather than thedevelopment of local action plans, a national action plan isdeveloped which sets out minimum standards which canthen be applied and adapted locally. This should result in amore consistent national approach which will enable moreeffective monitoring of performance and coordination withthe national structure of the CPS.The Commission was particularly concerned to learn earlierin 2009 that the Cross-Criminal Justice System RapePerformance Group monitoring which has been operatingfor the last two years was to be discontinued. Their workwas crucial in monitoring the performance of forcesnationally, and comparatively, including with respect toreporting and no/not-crimed rates. We also commend thepractice of the top and bottom quartiles being followed upwith a letter in order to share good practice, whilst focusingother Chief Constables’ minds on poor performance. TheCommission is encouraged by the announcement on 15April 2009, that a Rape Performance Group led by HerMajesty’s Inspectorate of Constabulary and the CPS willbe established to continue assessment of performanceand urge this Group to adopt, and build on, the successfulpractices of its predecessor.The Commission is also concerned that data on rapeand sexual assault offences is not readily available. TheFawcett Society has experienced lengthy delays wheninformation as to the number of notifiable offences andnumber of persons prosecuted, tried and convicted forrape offences in England and Wales broken down by policeforce area was requested under Freedom of Information.This information should be made routinely available to thepublic by the Government and the problems accessing theinformation suggest this is not currently happening.In December 2008, there were 24 SARCs in Englandand Wales. The government is committed to developinga SARC in every police force area by 2011 and this iswelcomed by the Commission. 130 These centres allow forthe collection of forensic medical evidence by specialistmedical staff and also provide the potential for victims to bereferred to support services and for specialist police officersto provide support and expertise for the victims at this earlystage. The Commission is disappointed that there hasbeen no independent evaluation of the recently establishedSARCs, especially in so far as they are providing not justhigh quality forensic examinations, but also the pro-activefollow up support and advocacy which we know makesa difference in the aftermath of sexual assault. All SARCsshould be independently evaluated to ensure they meetthe minimum standards set by the Home Office. Inputshould also be sought from the voluntary sector as to howto improve support services within SARCs and to developgood partnership working. Derby is an example of goodpractice in this regard, with effective communication andcooperation on training and data sharing between thepolice, the SARC and Rape Crisis. The Commission isalso encouraged that the Department of Health is nowdeveloping a new Diploma for doctors and nurses toimprove clinical standards of forensic examiners.However, while the development of forensic medicalskills, specially trained officers in sexual offences and theintroduction of a network of SARCs are an important stepin the right direction, all staff that victims come into contactwith should be responsive to their needs. Eaves told theCommission that “Women often report that whilst their SOITofficer (usually female) is very supportive, they feel afraidof the investigative officer in their case (usually male)”. 131Victim sensitivity among all staff should be prioritisedwith senior frontline police staff leading by example andinitiatives such as specialist helplines should be widelyimplemented. As one police officer told the Commission“We have recently set up an Honour-based Violence hotline[in Cambridgeshire] which is a dedicated secure line wherevictims of this type of abuse can be dealt with by trainedstaff that have an understanding of the issues.” 132 It is alsoimportant for the police to think about different ways ofusing resources to achieve the best results. For example,Rape Crisis told the Commission that it would be moreappropriate if adult survivors of childhood abuse were dealtwith by the Child Protection Unit, with their expertise incases of child abuse, rather than the Criminal InvestigationsDepartment.Redress for Female Victims of CrimeAn important means of improving performance as wellas increasing confidence in the criminal justice systemis to take seriously and investigate complaints made byvictims about their treatment in the criminal justice system.Page 52

However, Rights of Women told the Commission that theforms of redress currently available to victims are limitedand it is difficult to hold the police to account. 133Since April 2004, complaints made against the police canbe handled through a process of Local Resolution, whichinvolves resolving complaints at the local level rather thanhaving them formally investigated by the IndependentPolice Complaints Commission (‘IPCC’). Local resolutionof complaints cannot lead to disciplinary action againstindividual officers. While, an individual must agree to theircomplaint being dealt with by local resolution, evidencesuggests that individuals making complaints often do notunderstand what this process involves, think that localresolution is their only option and are frequently dissatisfiedwith the result.The Commission recommends that complaints concerning,or in the context of, the investigation of an allegation of rapeor sexual assault, should never be dealt with through thelocal resolution process. Independent investigation is vital toensure public confidence in the complaints process and toensure individual police officers can be held to account.When the local resolution process is not used, a policeinvestigator will be appointed or for more serious mattersthe complaint will be referred to the IPCC. It is essential thatthe complainant understands how the complaint will beinvestigated and that contact is maintained throughout theinvestigation. One woman described to the Commissionhow, “when I placed a complaint an inspector was dealingwith it. I had to write to him as I heard nothing from him.I received nothing in writing, even though I wrote to himasking how my complaint would be dealt with.” 134Research commissioned by the IPCC in 2007,demonstrated that there is a lack of clarity as to whatbehaviour is acceptable from the police, a lack ofunderstanding as to how a complaint can be made andthe potential outcomes. 135 Information should be madereadily available in relation to the procedure (including howto preserve anonymity as a complainant) and potentialcomplaint outcomes. This information should be widelyavailable in the community, such as at Citizen AdviceBureaus and voluntary sector organisations.The Crown ProsecutionService – ProsecutingViolence Against WomenIt is so demoralising to have your case dropped. You justfeel like yet another thing is stolen from you. 136Women who are the victims of crime need to haveconfidence in the Crown Prosecution Service before theycan be confident in reporting crime and continuing a legalcase. While, as discussed later in this Chapter, there areother factors to consider when measuring the successof the criminal justice system, conviction rates remainimportant in that they may deter perpetrators and encouragevictims to have confidence in the delivery of justice.In terms of policy development, the CPS is a leaderamong the criminal justice agencies. This was recognisedby EVAW’s third annual independent analysis of UKGovernment initiatives on VAW in 2007, in which the CPSwas ranked top among Government departments. 137 Therehas been real progress made with a new Violence againstWomen indicator introduced to monitor CPS performanceon domestic violence, rape and sexual offences in April2008. By 2010, the VAW Indicator is planned to expandto include performance monitoring of forced marriage,honour-based crimes, child abuse, crimes against olderpersons, prostitution and trafficking. 138 The CPS launchedits Violence against Women Strategy and action plans inJune 2008. The strategy is commendably underpinned byan equality and human rights framework which significantlyrecognises the fact that “violence against women is rootedin the inequalities found throughout society between menand women” 139 and occurs within a “context of power andcontrol used by men against women.” 140The Commission welcomes this policy development,particularly the extent to which the CPS have taken intoaccount the views and knowledge of stakeholders, includingthrough their external consultation group with third sectoragencies. However, there still remains a gap between policyand implementation, particularly in relation to the lack ofcommunication with victims surrounding the decision tocharge.Page 53

Chapter Four:Women Need Justice - Women as Victims of CrimeThe Decision to Charge - Cases ofRape and Sexual AssaultIt’s all boring run-of-the-mill stuff to them. They were overconfidentthat we would ‘win’. I felt that I was perceivedas rather stupid. They didn’t really see me. 141A large number of victims of rape and sexual assault whoshared their views with the Commission, commented thatthey were disappointed with the level of contact maintainedwith them by the CPS, particularly at the point in time whenthe decision was made not to proceed with the prosecutionof their case. As one victim said:The initials seem to stand for Criminal ProtectionAgency. Victims don’t seem to come into it. Althoughthe notification letter said to contact them if I wanted todiscuss their decision [not to prosecute] I could not talkto anyone at their office. I tried several times and no onereturned my calls. 142I feel that to the CPS I was just another case, I was anotherstatistic, and they didn’t take my case to court becauseif it didn’t get a conviction then they wouldn’t be meetingtheir targets. But, for me personally, I felt like I needed it togo to court, I needed something to show me that peopleout there care. That men can’t just get away with thesethings…as if the whole thing of reporting rape isn’t badenough.. To have to sit there and graphically relive everymoment of the most terrifying night of your life… To thenhave it dropped when you have so much evidence againstthe perpetrator is completely heartbreaking! I feel that theCPS’s attitude towards rape victims isn’t what it should be.I think they need to be a lot more involved with the victim,because they judged me from pieces of paper, they had noidea what impact it was going to have on me to have mycase dropped.Female rape victim, Questionnaire Response, January2009Following the implementation of the Code of Practice forVictims of Crime, the CPS is obliged to tell a victim if theProsecutor has decided that there is insufficient evidenceto charge (where there has been a full evidential reportfrom the police); a case is dropped; or it is necessary tosubstantially alter charges. In addition to writing to thevictim to explain the decision, the CPS is also required tooffer a meeting to explain the reasons for the decision.However, the CPS does not have this obligation to informand meet with victim if there is a meeting between thepolice and the CPS and no full evidential report has beenprovided to the CPS. It is the responsibility of the police toinform the victim in these circumstances.Victims commented to the Commission that they foundbeing notified by letter from the CPS that their case hadbeen dropped very impersonal. As one victim said, “TheCPS letter was overly blunt and read like they were onthe side of the Defendant.” 143 Others reported no contactfrom the CPS at all with information being provided by thepolice instead. This leaves victims feeling marginalised andpowerless. As a victim of rape stated:The CPS did not maintain contact with me and there wasno explanation of steps that would be taken in makingany decision. My mother was informed in the first weekof December 2008 that CPS had dropped the case. Shewas told police officers would call to explain. 14 January2009 still waiting…I feel they [the CPS] owe me anexplanation of their decision. 144I came away with the impression [after meeting with theCPS] that the police had done loads of work on the casebecause they knew me and believed me, but that the CPSlawyer had never met me before deciding. So his decisionwas maybe made with less thought. I was nothing to him,he was more interested in chances of conviction in theabstract, and I feel this is part of the problem. It does notseem fair that the defendant can meet with his legal teamand craft a defence, whereas I can’t present my humanface to the people whose job it is to see that I get justice.Female rape victim, Questionnaire Response,January 2009Given the unique challenges involved in rape cases, theCommission recommends that the CPS should extend anoffer of a meeting to a victim in circumstances where theProsecutor has concerns regarding the evidence meetingthe evidential test and is therefore minded not to charge, or,subsequently, to discontinue proceedings. Such a meetingwould enable the Prosecutor to consider potential evidentialweaknesses first hand and secondly, involving the victimPage 54

in the decision-making process is likely to result in a morepositive perception of the CPS and the criminal justiceprocess (even if the decision is subsequently made not tocharge). The recent relaxation of the prohibition on CPSpre-trial witness interviews, announced by the Attorney-General, should permit this to occur. However, the effect ofsuch meetings will need to be carefully monitored to ensurethat they do not become another barrier to the progressionof cases to court. Area rape coordinators should also begiven the ability to continually review the quality of decisionsto charge in rape cases.Care should also be taken to notify the victim immediatelyif a decision is made to charge and that cases are sentforward for listing at court. One victim told the Commissionhow her case went to Crown Court: “The CPS failed tonotify me though. Instead I found out because a letterwas sent to my brother asking him to appear in court as awitness but the envelope had the rapist’s name on ratherthan my brother’s.” 145Joint Working on Rape – the Police and the CPSCooperation between the CPS and the police is crucialif the prosecution of rape cases is to improve. TheCommission is encouraged that a Protocol between thePolice and the CPS in the investigation and prosecutionof allegations of rape was signed in March 2008 with theaim of ensuring the adoption of the recommendations inWithout Consent; improving performance; and increasingconfidence in the Criminal Justice System for victims ofrape. 146 The protocol sets out how cases will be handledfrom first response, through the investigation, includingforensic examinations, early consultation with the CPS,charging, case preparation, dealing with victims andwitnesses, to the trial and sharing any examples of lessonsto be learned. The CPS and ACPO are also due to publisha joint guidance on the investigation and prosecution ofrape before the end of June 2009.Limitations to cooperation result from the differentapproaches taken by the two agencies. The CPS has anational approach while the police operate under differentmodels across the country. The Commission recommendsthat joint targets are developed at the national level, whichcan then be applied locally by police forces. These jointmeasures need to be made meaningful with successful aswell as unsuccessful outcomes measured. CPS told theCommission that lessons can be learnt from the use oftargets in domestic violence cases where the use of targetshas pushed through the number of cases, rather thanresulting in cases being dropped to improve statistics.Domestic ViolenceThere has been a noticeable improvement in the convictionrate for domestic violence offences. This has been partlydue to the implementation of specialist domestic violencetraining within the CPS but also due to the growing networkof specialist domestic violence courts (SDVCs). There isevidence of significant increases in successful prosecutionswhere specialist courts are used. In 2005, while 59 percentof all domestic violence cases recorded by the CPS led toconvictions, 147 71 percent of cases tried in specialist courtshad successful outcomes. 148The Government is to be commended on the increase inSDVCs, with an increase from 98 to 104 announced by theMinistry of Justice in October 2008. Organisations such asEaves report that the use of SDVCs has increased accessto justice for an enormous number of women who nowhave more confidence in the court process. 149 These courtsallow a partnership approach to domestic violence by thePolice, CPS, court staff, the probation service and victimsupport services. The Magistrates sitting in these courtsreceive specialised training in relation to domestic violence.However, distribution remains uneven in England, withthree regions having more than half of the total number ofcourts. 150A review of the first 23 SDVCs, conducted in March 2008,demonstrated that successful prosecutions were generallyhigher in these SDVCs than in the non-SDVCs withinthe wider CPS areas. 151 This review also revealed thata high proportion of court users are utilising the supportservices available for victims. For example, 74 percentof clients involved in the court process at the 23 SDVCswere supported by IDVAs and 5,844 victim referrals weremade to IDVA services over a six month period. A numberof systematic weaknesses were also identified including alower success rate in courts with a high proportion of BMEdefendants. This suggests there is a need for a greaterfocus on disproportionality. Continued analysis of theimpact of SDVCs is also required through data collectionPage 55

Chapter Four:Women Need Justice - Women as Victims of Crimeand monitoring within each of the courts and the sharing ofbest practice. Criminal Justice Boards should put in placemechanisms for this monitoring, if responsibility for theSDVCs is devolved to criminal justice boards by the CPS asplanned.Despite these improvements, the current conviction rate of68.9% of domestic violence cases recorded by the CPS isstill well below the national average of 85.1% for all casesprosecuted. 152 65.4 percent of DV cases brought to theCPS by police in 2007-8 were charged for prosecutionbut there are still significant numbers of domestic violencecases being discontinued after charge. In 2007-08, 27.9percent of cases were dropped, with 21.2 percent of DVvictims retracting their statements. 153Forced Marriage and Honour-based ViolenceSince the previous report of the Commission there havebeen some important developments in relation to forcedmarriage and honour based violence and a growing numberof cases are being reported. The UK’s joint Foreign &Commonwealth and Home Office Forced Marriage Unit,which was launched in January 2005, dealt with morethan 1,300 cases during the first three quarters of 2008– an increase of 79 percent on 2007. Further, the ForcedMarriage (Civil Protection) Act 2007 came into force on 25November 2008 and provides injunctive relief and damagesfor victims.The CPS carried out a pilot in four CPS areas over ninemonths in 2007-08 in which 35 cases were identified. 154This pilot, despite being limited to a small number of cases,revealed patterns including that the defendant was malein all cases; the victims were equally likely to be maleor female and that it was not unusual for honour-basedviolence to occur outside a domestic violence situation. 155A number of key recommendations for future workwere made as a result of this pilot including the need forspecialist prosecutors and leads, mandatory training forselected prosecutors, sharing of best practice, and multiagencywork especially with the police. 156The Commission welcomes the work of the CPS in thisarea. However, it is important that this initial pilot is followedthrough with the recommended future work, particularlyin relation to training and multi-agency working. The pilotfindings also noted the need for specific support servicesfor victims, with victim and witness difficulties responsiblefor the majority of unsuccessful outcomes of the small pilotsample. This support needs to extend beyond the criminaljustice system to the provision of housing, welfare benefitsand publicly funded services such as refuges for victimsfacing forced marriage.TraffickingAs of December 2008, there had been 92 convictions fortrafficking for the purpose of sexual exploitation under theSexual Offences Act and four convictions for traffickingfor labour exploitation. 157 On 17 December 2008, thegovernment ratified the Council of Europe ConventionAgainst Human Trafficking. This is a significant step, withthe Convention setting minimum standards for protectingand supporting trafficking victims. It is important that thegovernment takes its obligations under the Conventionseriously, particularly in relation to the support given tovictims. Currently less than one in ten local authorities hassupport services for women in prostitution. 158This report has already discussed the growing problemin relation to the criminalisation of migrant women whoare trafficked into the UK. However, in relation to theprosecution of trafficking offences, the vulnerability of thesewomen, and often their families, also needs to be taken intoaccount. Eaves told the Commission of at least one case ofa woman trafficked into the United Kingdom who had familymembers in her country of origin seriously injured as a resultof her giving evidence to the police. 159 The Commissionwas also concerned to learn that there appears to be areluctance to pursue charges relating to trafficking fordomestic servitude or labour exploitation when defendantsare of a high status or wealthy, such as diplomats, whereissues of diplomatic immunity also arise. A coordinatedapproach between the police, CPS and the SeriousOrganised Crime Agency (SOCA) is needed to address this.Specialist teams with appropriate training and specificknowledge of trafficking issues and the needs of victimshave the potential to make an impact and create confidencein the justice system. For example, the Metropolitan PoliceHuman Trafficking Team was described to the Commissionas excellent due to their awareness of trafficking issues,willingness to take on board advice about women’s needs,Page 56

continued commitment to joint working with organisationssuch as the Poppy Project and their support of women aftertrial. 160The CPS has begun work with the UK Human TraffickingCentre to analyse data on these crimes. It is not anticipatedthat consideration will be given to extending the CPSVAW indicator to the crime of trafficking until 2011-12.As at December 2008, there were no systems in placeto measure the prosecution outcomes for prostitutionand trafficking. 161 The Commission recommends thatdata collection is finalised and the CPS VAW indicator isextended to trafficking by 2011, so that this measure is inplace prior to the 2012 Olympics. International evidencesuggests that demand for the sex industry can increasesignificantly around major sporting events. The Olympicsalso offers an opportunity to engage with men and boys onthe issue of commercial sexual exploitation.Good Practice Example: The Poppy ProjectThe Poppy Project’s primary aim is to provide support andaccommodation for women who have been trafficked intoprostitution in the U.K . The project, established in 2003,provides accommodation and support services for up to35 women in London, through the Eaves network. Theproject also provides an Outreach Service which assistswomen in need of short term support and advocacy aswell as working to ensure the safety and well-being ofwomen who have been trafficked throughout the U.K. ThePoppy Project also works to raise awareness of the issuesof trafficking and prostitution through education, trainingand lobbying.Website: http://www.eaves4women.co.uk/POPPY_Project/POPPY_Project.phpLegal AidThe Commission remains concerned about the provisionof legal aid in VAW cases when women are seekinginjunctive relief. The cost of an injunction is beyond theremit of most vulnerable individuals. Rights of Womentold the Commission that access to legal advice was amajor problem for women, either because they were noteligible to receive legal aid or more frequently, becausethey cannot access a solicitor in their area. Injunctive reliefis needed immediately, but often women have to wait twoweeks for an appointment. 162 Further, while women whohave experienced domestic violence are exempt from therequirement to undergo third party mediation in order toaccess legal aid, the automatic exemption does not applywhere there have not been criminal investigations or civilproceedings against a violent partner in the precedingtwelve months. In these circumstances a solicitor mustconsider mediation which may have serious safety andsecurity implications for already vulnerable women. 163The Commission is also concerned about the inadequateprovision of legal aid in complicated VAW cases. Forexample, forced marriage situations, trafficking anddomestic violence cases where there are immigration issuesare often complex and in some instances the victim willrequire a translator to communicate with the solicitor. Inmost cases, the time limited legal aid, which has resultedfrom cuts to legal aid over the last few years, will be entirelyinadequate.The Courts andthe JudiciaryOnce solicitors and barristers were involved it was hell.It was a game to them…Most charges were dropped/negotiated or something. 164Evidence presented to the Commission painted a pictureof a court system which remains a difficult experience forwomen victims. As one victim described:I was questioned for hours and it really was horrendous…Irealised that it will always be difficult to prove evidenceeither way with a rape case, but I don’t see why I had tosuffer so much in court, being accused of this, that and allthe while people stared at me to work out whether I was aliar or not. 165Special Measures, such as screening the witness offfrom the accused, giving evidence by live televisionlinks, excluding people from the courtroom and allowingwitnesses to give evidence-in-chief by pre-recordedinterviews, need to be more widely publicised and utilisedPage 57

Chapter Four:Women Need Justice - Women as Victims of Crimefor vulnerable victims. Facilities are being put into placeto allow for these measures. For example, video links arenow available in 75 percent of Magistrates’ Courts and allCrown Court centres. Witness Liaison officers have alsobeen introduced in all courts. 166 However, because specialmeasures are not automatic and have to be applied for,vulnerable witnesses often do not receive special measures.Victim Support told the Commission that problemsoccur for two main reasons – vulnerable and intimidatedwitnesses are not identified (initially by the Police or laterby the Witness Care Unit) and measures are not appliedfor on time resulting in the application not being granted ornot being available at the relevant court. Cases were alsonoted of CPS prosecutors and barristers trying to dissuadevictims and witnesses from utilising special measures onthe basis that they decrease the power of testimony. Nothaving access to these measures or not knowing whethermeasures will be in place can result in additional anxiety anduncertainty for victims – the very impacts that the specialmeasures were introduced to lessen. 167 The CPS needs towork to develop an approach to special measures which ismore consistent and reliable.I went to look around the court but was not given muchinformation. I asked to have screens put up and phonedthree times to check that this would be done…when thecourt date came the paperwork was missing so I had togive evidence without any screens. 168Rape Victim, Questionnaire Response, January 2009The Commission was also told that in cases of domesticviolence, special measures, such as the use of screens, areoften denied by Judges on the basis that the parties alreadyknow each other. As Victim Support told the Commission“This misses the point. In domestic violence situationsso much as a look from the perpetrator can devastatethe victim and make it extremely difficult for them to giveevidence.” 169 It demonstrates a failure of some judges tounderstand the dynamics of power and control.Good Practice Example: Use of Special MeasuresA woman who was a witness in a court case stronglywanted to see the man who had abused her beingsentenced, but was very afraid. Her SOIT asked the Courtto allow her to use a blocked off video link room so thatshe could observe the sentencing, but the perpetratorcould not see her. She felt that this gave her a strongsense of closure.Eaves, Questionnaire Response, February 2009Many female magistrates noted that delays and long waitingtimes for cases to be heard was a significant issue forwomen, particularly those with childcare obligations. Manysingle parents or parents without support from family andfriends have to bring their children to court. This createsadditional pressure on the parent worrying about theirchildren as well as the experience of giving evidence. Whilewitness accommodation has improved, with 90 percent ofMagistrates’ Courts and Crown Courts now having somekind of separate waiting area for victims and witnesses, thewaiting time in the same building as the perpetrator canbe very distressing for victims. The situation is particularlydifficult where cases are double-booked or listed as ‘floatingtrials’ requiring staying in the court building all day until acourtroom is allocated.The Commission recommends that where victims haveindicated that they have childcare problems, these casesshould not be double-booked or listed as ‘floating trials’and every effort should be made to fix the court date sothat childcare arrangements can be made.Many of the victims who shared their experiences with theCommission did not understand the Court process. As onewoman told the Commission:Even though I work in a university and am used toformalities I felt out of my depth in court. I did notunderstand who was who. I was not put in a witnessroom which I now know exists. I was kept waiting from9-12 and then told the court was breaking for lunch.All this time I was waiting to speak to the CPS to say Iwanted to drop charges. 170Page 58

It is also important for the CPS to make certain witnessesare provided with appropriate interpretation support ifneeded. Further, judges must ensure that witnesses are notdisadvantaged in court if they are communicating throughan interpreter. Eaves told the Commission that in traffickingcases, where women do not speak English as their firstlanguage and are communicating through an interpreter, thedefence often use this as a tool for their advantage. 171 Whilea Recorder commented:I find it quite shocking that even the basic preparationsuch as checking that a witness is able to give evidencewithout an interpreter does not take place. It is as if theydo not realise that a witness statement is garnered fromquestions put by a police officer not a free narrative. Awitness may be able to answer these questions but thecomplexity of cross-examination in a court room is adifferent matter entirely. 172The attitudes and skills of prosecutors were highlighted tothe Commission as a continuing problem. The Commissionwas told by Victim Support that they have found, onoccasion, that prosecutors in domestic violence or sexualviolence cases can be verbally aggressive to female victims.There is a need for advocates to be trained, not only inpolicies and procedures, but also in myths, stereotypes,and the likely distress and anxiety that victims are likelyto experience during court proceedings. This training isespecially necessary for barristers representing the Crownin sexual violence cases.I also had a terrible barrister, who failed to let me put mythoughts forward and didn’t really question the defendantproperly. I only met with him for about five minutes beforegiving evidence which I think is extremely unfair. Thedefendant had a fantastic barrister who he was able tochoose himself and who he got to see on numerousoccasions. I think that it is absolutely terrible that it ismeant to be a fair trial yet I didn’t have half the optionsthat he had…As a victim you need just as much protectionas the defendant but you are not given that. When givingevidence I felt I was on trial.Female rape victim, Questionnaire Response,January 2009Many of the victims, who shared their experiences of courtwith the Commission, were unhappy with the performanceof their barrister, particularly in comparison to the skills ofthe Defence barrister. Emphasis must be placed by theCPS on ensuring that barristers representing the Crownin sexual violence cases have the skills and aptitude topresent such complex cases. Barristers need to be able topresent a convincing narrative to the court which explainsthe behaviour of victims and inoculates against ‘toxicevidence’ presented by the Defence. This requires in-depthunderstanding of the realities of sexual violence. Training inthe complexities of cases of domestic and sexual violence,trafficking, forced marriage and honour based violence,such as the domestic violence e-learning product whichhas recently been developed for the bar by the CPS, shouldtherefore be a precondition before members of the bar canrepresent the Crown in these cases. Additionally, routinefeedback should be sought from victims and witnesses sothat any concerns regarding the performance of barristerscan be followed up by the CPS.The prosecuting barrister said very little and apparentlylooked bored and disinterested throughout the trial. Hewas male. The defence barrister was a female QC paidfor by the rapist’s wealthy parents. She raised her voiceto me and used vulgar expressions to describe a fictionalsex scene. She laughed at my responses. She madeinferences about my decision to get drunk and socialisewithout my boyfriend’s supervision. She told the jury I wascrying because my boyfriend was in the public gallery andhearing the ‘truth’ from her about what happened. Shewas very aggressive and the prosecution never objected,but the Judge did.Female rape victim, Questionnaire Response, January2009The extent to which jurors are affected by the myths andstereotypes surrounding gender-based violence, andparticularly sexual violence, remains of concern. Theseattitudes, which are explored in more detail later in thischapter, can impact on the assessment of the reliabilityof a witness. As Eaves told the Commission, the effectsof trauma upon memory recall result in women beingconsidered as ‘unreliable’ witnesses, because they mayhave trouble recalling dates or times or if there are minorinconsistencies between their statement and testimony.Page 59

Chapter Four:Women Need Justice - Women as Victims of CrimeThis is often used as a weapon by the defence with noalternative explanation being provided to the jury. Dates andtimes are especially an issue for trafficked women and anywoman who has had their access to news sources, whichprovide a reference point, restricted.In rape cases, a jury is frequently required to considerwhether a complainant consented and to evaluatethe reasonableness of the defendant’s belief that thecomplainant had consented. The definition of consentprovided under the Sexual Offences Act 2003 requires thatan individual must have the freedom and the capacity tomake a choice. No further guidance is currently provided.Recent research using mock jurors revealed that there wasno consensus on the meaning of consent, particularly inrelation to the level of inebriation which may be required.Worryingly, some participants indicated that they wouldrequire some evidence of resistance even when thecomplainant was heavily intoxicated. 173 It is also unclearas to the extent to which defendants pleading a consentdefence, are being tested, as the law requires, on the stepsthey took to ensure consent was given.The decision of the Court of Appeal in R v Bree consideredthe line to be drawn between consensual sex and rapewhere a complainant is heavily intoxicated. The Court ofAppeal found that the jury should have been given someassistance with “the meaning of ‘capacity’ . . . where thecomplainant was affected by her own voluntarily inducedintoxication and also whether, and to what extent theycould take that into account in deciding whether she hadconsented.” 174 Given the stereotypes and moral judgmentswhich surround this issue, there is a need for clear guidanceand clarity as to the instruction which should be given tojurors, in rape cases involving intoxication.In 2006, the Office for Criminal Justice Reform publisheda report proposing the introduction of expert evidence inrape cases to educate juries about the potential effects oftrauma and to assist in dispelling some of the myths andstereotypes which surround rape. Various arguments havebeen made as to whether expert testimony is appropriate.Concerns have been raised that the use of expert testimonywould lead to a ‘battle of experts’ or may result in anotherbarrier to reporting for those women who do not feel theymeet the victim ‘profile’. However, a study with over 200mock jurors indicated that judicial instruction / experttestimony which provided explanation of behaviour resultedin participants being less likely to assume fabrication by thevictim. 175The Commission welcomes the current work by theGovernment to explore commonly held myths and toconsider appropriate judicial instruction. The recognition bythe Courts of this is also encouraging, such as the Courtof Appeal decision, R v Doody, in October 2008, when theCourt ruled that judges in rape trials can give instruction tojurors that a delay in making a rape allegation, rather thanindicating a false complaint, can arise from shame andguilt. 176 There should be greater awareness of this decisionand the Commission recommends that the application andinterpretation of this decision is closely monitored. In lightof the results of this monitoring, the Government may needto consider further the use of expert testimony, particularlyin relation to issues outside the scope of the decision.There is a great deal of expertise within this sector whichcould be utilised to provide independent expert evidence tojuries and instil greater confidence of victims in the system.Evidence could be required by the court, rather than byeither side, as is possible in childcare cases, which wouldalleviate the risk of a battle of experts developing.I’d like the CPS to stop making assumptions about whata jury would think. I’d like juries to be educated that mostwomen who are raped know their perpetrators, that thereis a big difference between submitting because you’re soterrified that you’ll do anything to get out of there alive andconsent.Female rape victim, Questionnaire Response, January2009Page 60

He pleaded innocent, so I prepared myself to go to court...However the day before the court date he changed hisplea to guilty. I did not have to testify. Part of me feelscheated as that meant I never had an opportunity to tellthe jury how it had hurt me, or to explain exactly how I feltand what this had done to me. I attended the sentencingand was horrified by the lack of fact checking. He wastreated as a juvenile because he said he was under 18 buthe had no ID as he was an illegal immigrant. ..I listened tohis sob story about not being able to understand subtledating signals because he was isolated and uneducated.There was no date! He jumped on me as I walked downthe street… My signals were not subtle, I bit and kickedand scratched him till he bled, but he just laughed at me.He grinned at me in the court... He got 4 years and served1 and a half. I live with it to this day.Female rape victim, Questionnaire Response, January2009It is important that women also receive support if thedefendant pleads guilty and after the court process hasconcluded. However, evidence suggests this aspect ofsupport is often overlooked. The time after a trial can be anextremely distressing time for victims, particularly if there isan acquittal:When the verdict came back two days later of not guiltyit was just some man on the phone who called to tell me.He did say to me that the Judge was disappointed withthe verdict, which was probably helpful to me…I wishedsomeone trained in counselling had called to tell me thenews and made me feel better. 177The Commission is disappointed that the Government hasstill not implemented important provisions of the DomesticViolence, Crime and Victims Act 2004 which would provideadditional support for women, particularly in cases ofacquittal. Section 12 of the Act, which extends the useof restraining orders to those convicted of any offence,and also to those who are acquitted for any offence, andSection 9 which introduces domestic homicide reviews,should be implemented as a priority. Section 12 has thepotential to greatly increase the protection of victims aftercourt and the Commission supports the recommendationof the Early Evaluation of the Act, that it be implementedas soon as possible. 178 This protection should also beextended to cover all violence against women offenceswhere the parties know one another.Jacky Fleming ©Page 61

Chapter Four:Women Need Justice - Women as Victims of CrimeSupport for Victims –Building the LinkI was told about the counselling service by SouthYorkshire police but none of them had councillorsavailable. The shortest waiting list was estimated at 2months. I had to borrow money from my parents forprivate counselling. When I lost my job I asked the GPabout NHS Counselling [but] she said it was pointlesseven going on the waiting list and prescribed me antidepressants.179Whilst links are developing between the criminal justicesystem and specialised support services, the dearth ofsuch services, and their limited capacity, mean that womenare not able to access support, even when, as the caseabove illustrates, they are aware of their own needs. Thecriminal justice system and community provision for victimsof violence, should not be seen as two distinct systems,but should be inter-linked. As one woman who works withfemale victims described to the Commission:Some more cooperation when dealing with the victimswould perhaps result in a better case being put forwardas we could provide some moral support for the victimwhen the case is being prepared and this may result in astronger case. 180Victim Support told the Commission that although therewas greater recognition of support services at the policylevel this did not always filter down to frontline police staffand prosecutors. Women’s Aid raised concern that womenare being helped through the criminal justice system byWitness Care Units, which is in direct contradiction to CPSpolicy and leads to support being provided by individualswithout specialist training in domestic or sexual violence.Criminal Justice Boards should be actively involved inensuring specialised support is available in their area.I suppose an improvement would have been if someonehad contacted me from the police as I was simply left tomy own devices which subsequently created emotionalproblems which took extreme effort to finally deal with…It took a very long time for me to get back on my feet -especially as I was stupid enough to allow him to moveback in, although I subsequently ended the marriage sixmonths later. I felt enormous guilt at the time for somereason and perhaps some support/counselling wouldhave made all the difference, and I wouldn’t have gone onto waste another year of my life. I recall feeling extremelyfoolish and wondered if I was wasting everyone’s time- that somehow I should have been able to manage thesituation and his attacks by myself.Female victim of domestic violence, QuestionnaireResponse, February 2009The Government has implemented a number of initiatives,designed to increase the support provided to victims.Independent Domestic Violence Advisors (IDVAs) andIndependent Sexual Violence Advisors (ISVAs) have beenintroduced to provide support for victims negotiating thecriminal justice system. 38 ISVA posts are currently fundedby the Home Office in England and Wales. IDVA and ISVAposts have the potential to provide much needed supportfor victims. However, the Commission has a number ofconcerns with the existing model:• The ISVA scheme is currently under-resourced. Forexample, the ISVA who gave evidence to the Commissionwas the only ISVA for the whole of the Eastern region andthe Commission was also told about delays in fundingstreams which have meant services have been forced tosuspend their ISVA post.• IDVA funding is being mainstreamed to local authoritiesthis year and it is unclear whether funding will continueand also if continuance will be at the cost of otherservices such as refuges.• The ISVA training and framework is based on thatdeveloped for domestic violence and fails to address thespecialist and complex issues specific to sexual violenceand the crucial differences between the Magistrates Courtand the Crown Court. This is amplified where IDVA andISVA roles are merged in some regions.• There is inconsistency between regions with ISVAposts - roles are defined differently and tools such asPage 62

isk assessments are not uniform. In one region, the riskassessment is 75 pages long.• The acceptance of ISVAs within the court system alsodiffers between areas, with some Courts allowing ISVAs tosit in the court while in other areas they are required to sitin the public gallery.• In order for victims to have confidence in ISVAs, therole must be independent from the police and healthauthorities. However, there are plans for the managers ofSARCs to be responsible for the management of ISVAsas well as some ISVAs working out of police and healthsettings.Multi-Agency Risk Assessment Conferences (MARACS)have become the cornerstone of the Government’sapproach to high-risk victims of domestic violence. TheGovernment has now funded over 100 MARACS and from1 April 2007 to 31 March 2008, almost 12,000 cases werebrought to MARACS. 181 MARACS have the potential toassist, with preliminary data supplied by some MARACareas in 2008 indicated a 50 percent overall reduction inrepeat victimisation among cases heard at the MARAC.However, the Commission has a number of concernsabout the current operation of the conferences. Forexample, the Commission was told that many workersconnected to MARACs lack training in domestic violenceissues and sensitivities. Further, there are concerns thatthe conferences may be frequently breaching a woman’sright to privacy through defects in consent proceduresand follow-ups. The Commission was told of a particulardiscussion within a MARAC in which it was decided that awoman would be given a warning that if she did not leaveher partner, her children would be removed. This approach,rather than providing support for women, is likely to ensurethey do not seek help if the violence recurs. These issuesneed to be taken seriously through an independent audit ofMARAC processes, with priority given to the experiencesof women whose cases are presented and to independentwomen’s organisations.The national Witness and Victim Evaluation Survey (‘WAVE’)measures the satisfaction of witnesses and victims butsignificantly excludes victims of rape, sexual assault anddomestic violence. While the British Crime Survey includessome relevant questions on VAW, the current format doesnot allow for the collection of detailed information fromVAW victims who have reported crimes. There is a needfor a national monitoring system to be developed so thatthe various targets of the criminal justice agencies are notpurely conviction rate driven.Steps are currently being taken to develop such a measure.The Home Office Violent Crime Unit has funded a feasibilitystudy on surveying the satisfaction of victims of serioussexual offences within the criminal justice system. It isanticipated that a report on this study will be available inMay 2009. Further, in August 2008, a steering group led byCPS was set up to lead a project to develop methodologiesto measure support, safety and satisfaction of victims ofviolence against women in the criminal justice system. Thisinitial work of this project, culminating in an anticipated pilotin September 2009, is promising, with detailed assessmentbeing conducted of current national and internationalmeasurement methods.No Recourse to Public FundsWomen fleeing domestic violence, with an insecureimmigration status and therefore no recourse to publicfunds cannot access any kind of emergency or socialhousing. In 2008, the CEDAW Committee singled out,protection of women with no recourse to public funds,female asylum seekers and women refugees as an issueunder which the United Kingdom is failing to live up to itsobligations under CEDAW. In 2006/7 within London, 18 DVrefuges had to turn away 222 requests for services fromwomen with no recourse to public funds. 182The Commission has consistently highlighted this issue andcommends the work of organisations, such as SouthallBlack Sisters, continuing to campaign around this issue.Southall Black Sisters, have, with funds provided by LondonCouncils and Oxfam, recently set up a small last resort fundcalled the ‘SBS No Recourse Fund.’Women, who are subject to immigration control, should bemade exempt from the ‘no recourse to public funds’ rulein order to ensure there are not discriminatory responsesto women suffering violence. This would enable women toleave violent situations, access support, report violence andwhere appropriate make use of the domestic violence andimmigration concession.Page 63

Chapter Four:Women Need Justice - Women as Victims of CrimeThe Criminal Injuries Compensation SchemeThe Criminal Injuries Compensation Scheme makesfinancial awards to individuals who have suffered harm as aresult of violence crime and is administered by the CriminalInjuries Compensation Authority (CICA). The scheme canaward compensation ranging from £1,000 to £250,000depending on the nature of the injury plus additionalpayments to cover loss of earnings and expenses. TheMinistry of Justice now has oversight of the scheme butas the House of Commons Committee of Public Accountsnoted in November 2008, the low priority given to thescheme by the Ministry of Justice “belies its importance tothe Ministry’s objective of putting victims at the heart of thecriminal justice system.” 183In 2006, 64 percent of victims of violent crime wereunaware of the scheme and only 5 percent of victimsapplied for compensation. Meanwhile, the average timetaken to resolve a case in 2008 was 17 months and 30percent of applicants paid to be represented by solicitorsalthough Victim Support offers a free service. 184The Ministry of Justice and the CICA should improve themarketing of the scheme including information on: howand where to apply (such as the availability of the onlineapplication form); who is eligible; the Authority helplinenumber; and the free representation service offered byVictim Support. Regular monitoring of the performance ofthe Authority should also be undertaken by the Ministry ofJustice.The Commission was concerned to learn of instanceswhich came to light in 2008, in which victims of rape hadreceived a reduction in their compensation on the groundsthat drinking alcohol had contributed to the circumstanceswhich caused the rape or sexual assault. This approachworryingly reinforces the ‘blame culture’ directed at rapevictims. The Authority has since acknowledged that incases of rape and sexual assault the victim’s alcohol orillicit drugs consumption should not be presumed to be acontributing factor. The Commission recommends that clearguidance is given to caseworkers in relation to claims madeby rape victims and victims of sexual assault.Public Perceptionsand Attitudes…with conviction rates being so low what incentiveis there for a woman to report rape? Particularly daterape or where the offender is known. Some of thecomments made by Judges are also pretty disgracefuland disengage such victims. I think the services whichthe police provide have improved but the way victims areviewed is a different matter.(Questionnaire Response, Police, December 2008)Amnesty’s research in 2006 highlighted the extent of publicacceptance of sexual coercion. The research found that athird of people think a woman is partly responsible if she isdrunk or flirting with a man who later raped her. 185 Asurvey carried out with students in the U.K. in February2009 disturbingly mirrored the findings of the earlierAmnesty survey with results revealing that one in threestudents in the U.K. think a woman is responsible for beingraped if she is drunk and nearly half of students believe awoman is in some way responsible for being raped if shedoes not clearly say no to a man. 186 These attitudes werealso evident in the Home Office commissioned telephonesurvey of 915 individuals in the UK and Wales in lateFebruary 2009. One in four respondents said a womanshould be held partially responsible if she is raped orsexually assaulted when she is drunk; one third thoughtshe would be partially responsible if she flirted heavily withthe man beforehand and 39 percent thought a womanwas partially responsible for rape or sexual assault if shedid not clearly say no to the man. 187 The Commission isvery concerned about these persistent attitudes whichwill impact on reporting rates, police investigation and jurydecision-making.There is an urgent need for a Government-funded nationalawareness raising campaign on rape and sexual violence,similar to those used in relation to drink driving. There arenumerous effective international campaigns to draw onin this area (see below). Additionally, attitudes to sexualviolence are formed very early and need to be addressedrobustly in schools. The Department for Children, Familiesand Schools should ensure that education on consent,Page 64

espect and sexual violence is a compulsory requirementwithin the Sex and Relationship Education (SRE) curriculum.‘This is not an invitation to rapeme’- Rape Crisis Scotland.This campaign challenges common-held attitudes towardsrape that blame female victims. Its aim was to questionvictim blame by highlighting that rape was not acceptablein any situation. The campaign was based upon postersof a series of images depicting women in everydaysettings captioned with taglines highlighting that the imagedepicted was not an ‘invitation’ to rape. The images werealso used in campaign road shows and on a website. Thecampaign provoked significant debate.http://www.thisisnotaninvitationtorapeme.co.uk/Pause Button Campaign, ‘Know when to use yourpause button: sexual assault is not a game’ NewYork City Alliance Against Sexual Assault.This campaign was aimed at 11- 13 year old boys tocreate understanding around issues of sexual assault andto encourage discussion on prevailing attitudes towardsrape. The campaign used posters displaying the messageof the campaign and toolkits for educators and youthworkers.The message is simple and effective: “Know when to useyour pause button: sexual assault is not a game.” Thisclearly draws the attention of the target group using anactivity they can identify with to draw a clear line betweenplaying games and the seriousness of sexual assault.http://www.nycagainstrape.org/pause.htmlMy Strength Campaign, Men Can Stop Rape,CaliforniaThe campaign targets young men, particularly 14 – 18year olds and invites them to be proactive in stoppingrape. The campaign ran state-wide in California utilisingseveral media outlets including radio, print, outdoor, transitand online methods in English and Spanish to promotethe message that a man’s strength should not be usedto violate women and providing positive examples ofmasculine strength and masculinity. Clubs and eventswere set up to bring men involved together and thecampaign used activities such as an annual ‘Walk a Milein Her Shoes’ march to promote the message to a wideraudience.http://www.mystrength.orgPage 65

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemWe want progress, real progress that we can believe in.Any progress also has to be maintained. The flow maystart as a trickle, but it must become a regular stream. 188(Lady Justice Arden DBE, Address to the Association ofWomen Barristers, 3 June 2008)Gender exists as one of the main cleavages of inequalitywithin all societies. Yet, gender is an inequality that is so‘normal’ that it often goes unexamined. The structuralinequalities that exist between men and women manifestthemselves in relationships of power which result in womenhaving less access to, or control over, resources and lessopportunity to participate in decision making processes.The criminal justice system is no different; with womenmaking inroads at the lower levels of each of the criminaljustice agencies but with the higher positions remainingstrongly male dominated. This dominance of men in thecriminal justice arena leads to men defining ‘the rules of thegame’ so that responses to female victims and offenderswithin the justice system and the law itself remain based onmale norms and values.The GED was seen as having the potential to transformthe criminal justice sector for staff working within thesystem, with employers across the criminal justice systemrequired to undertake initiatives to encourage women, andin particular ethnic minority women, to move into areas ofthe system where women are underrepresented. However,the Commission has found results disappointing to date.There has been some good policy development, such asthe development of gender equality schemes. However,in practice, the numbers of women within criminal justiceagencies in senior positions have only marginally improvedover the last five years.Therefore, while there is growing acknowledgement thatfemale victims and female offenders require a justicesystem that is responsive to their distinct needs, there isless recognition that justice needs women, with a greaterrepresentation of women, particularly in high level positions,crucial to make a gender responsive criminal justice systema reality. The idea of the involvement of women as central tojustice is not a new concept. Interestingly, representationsof justice in the western tradition have typically taken thefemale form. Since the time of the ancient Greeks, the“Justice Ideal” has been depicted as a woman, usuallydraped in flowing robes, with a sword in her right hand andscales in her left and sometimes wearing a blindfold. 189 The“idea” of justice has come to be identified with this image.There has been much debate as to why the participationof women in the justice sector and the promotion of therights, skills and experiences of women is important. Wedo not propose to explore these arguments in depth butwe do wish to highlight three central premises. Firstly,women make up half of the population of the UnitedKingdom and as such should be fairly represented withinhigh level decision-making roles within the justice sector.This is stipulated in Article 7 of CEDAW which provides forthe elimination of discrimination against women in publicand political life and in both CEDAW and the InternationalCovenant on Civil and Political Rights which statesthat women shall enjoy “human rights and fundamentalfreedoms on a basis of equality with men.” 190 As onefemale judge told the Commission:I think it is important for women to be seen in all areasof the criminal justice system. Until this is true the systemis not reflective of society. I do not believe that there is adifference in the administration of justice because thereare women doing the job but that is an argument forwomen to do the job not to the contrary. 191Secondly, justice needs to be responsive and accessibleto all citizens, irrespective of gender. The suspects,defendants, offenders, victims and witnesses interactingwith the criminal justice system, are all of diversebackgrounds –across gender, class, race, religion, disabilityand sexual orientation. It is therefore important that thesenior staff within criminal justice agencies are equallydiverse so that the system is perceived as relevant andresponsive. The increased participation of women withinthe criminal justice sphere is also important in breakingdown gender roles more generally, as the increasedvisibility of women in senior positions and the emergence offemale role models can re-shape gender role expectationsand may also contribute to a decrease in gender-basedviolence.Thirdly, women’s experiences of the justice system andof everyday life, frequently differ from those of men. Theparticipation of women within criminal justice agencies istherefore crucial in order to ensure understanding of thePage 66

different needs and experiences of women and to bringdifferent perspectives and approaches to issues.However, token inclusion of women within senior positionsis likely to have little impact. Research suggests that a‘critical mass’ of women is needed in order to challengeexisting practices. For example, in Sweden, when womenmade up only 15 percent of the parliament they tendedto behave more like the male members of parliament.Conversely, as their numbers increased to 45 percent,women began to advocate for changes important toSwedish women and insisted that men take on socialwelfare responsibilities. 192 Arguably, therefore, achievinggender balance is necessary for any substantial change inapproaches to justice.Whether gender balance can be achieved, particularlyin senior levels, will depend on how responsive careerprogression and grading practices are to the needs ofwomen and how workplaces adapt to utilise the skillsand experiences of women. Adopting a gender neutralapproach, which ensures the ‘playing field remains thesame’ is not a solution. Rather, the participation of womenshould be understood as a route to challenging maledominance.The experiences shared with the Commission by the manywomen working in the criminal justice sector reveal thatsystematic discrimination and the male dominated cultureof the criminal justice agencies are still a major concern. Weexamine each of the agencies in turn.The PoliceEven in 2008 I have had very little experience of femaleofficers being treated equally once they choose tohave a family. The senior management make things souncomfortable they are forced into a corner. 193The proportion of women at senior levels in the policecontinues to be disappointing. As the table belowdemonstrates, in 2008, 34,404 of the 142,364 officerswere women (24 percent) and at Chief Inspector gradeand above 12 percent were women whilst 27 percent ofconstables were female. 194Table Three – Police Officer Ranks by Gender (31 March 2008)Police Numbers PercentagesMale Female Total Male Female TotalConstables 79,658 29,390 109,048 73 27 100Sergeants 18,779 3,569 22,348 84 16 100Inspector 6,262 982 7,244 86 14 100Chief Inspector 1,672 263 1,935 86 14 100Superintendent 954 113 1,067 89 11 100Chief Superintendent 455 58 513 89 11 100ACPO ranks 180 29 209 86 14 100Total 107,960 34,404 142,364 76 24 100Page 67

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemFigure 6 – Police Rank by Sex 195Source: Statistics on Women and the Criminal JusticeSystem, January 2009, Ministry of JusticeThe Commission had a particularly high response from I did have a successful career and what I thought [was a]women working in the police force which suggests that future in the CID until I became the mother of twins andwomen are interested in how the representation of women requested flexible working, then every corner I turned theand their work roles can be improved. The Commission doors were closed…particularly commends the British Association for Women inPolicing for their work in exposing the issues facing women Female working in the Police, Questionnaire Response,in the police. Their Gender Agenda and more recent Gender December 2008Agenda 2 set out the key challenges for the police service inmeeting the needs and utilising the skills of women. 196 Many responses received by the Commission highlightedthe difficulties experienced by single parents (the majorityFrom the responses received by the Commission it was of whom are women) with young children. One woman toldevident that good policies are now developing, in relation to the Commission:flexible working, equal opportunities and diversity. However,whether these policies are responsive in practice appears to [I am] having major difficulties with work life balance asbe too dependent on the individual manager’s interpretation am now a single mum…I am having to work shifts andand application, and evidence suggests that this differs constantly juggle childcare with friends and family. I havesubstantially from area to area. As one woman commented, approached SAWP/Federation/Command Team who“There are strong diversity and equality ops policies in all state they cannot accommodate my requirements. Aplace, but I still feel managers use these subjectively.” 197 demotion may be an option. 198Page 68Rostering often occurs at short notice which can make thearrangement of childcare difficult, particularly within thecontext of shift work or being on-call. Further, situationssuch as working overtime to process an arrest can beextremely difficult for anyone with young children.However, addressing childcare responsibilities againappears to be dependent on the approach of individual line

managers. “Sometimes childcare issues can be difficultto manage but I find this mostly depends on your linemanager, most are excellent but there are still others whohave a poor attitude to working women.” 199 Good flexibleworking practices are in place but these will only work inpractice if individual line managers respect and implementpolicies in order to maximise the contribution that womencan make to policing. All line managers must be trainedin responding to the needs of individuals with childcareobligations.The age old problem of child care doesn’t go away... shiftwork is difficult and on call responsibilities are hard. Youare off duty, so therefore no child care arranged, then thephone goes and you are expected to drop everything andattend callsFemale working in the Police, Questionnaire Response,December 2008Other women experienced problems returning to workfrom maternity leave: “Taking and coming back frommaternity leave was quite hard with little support and lackof consideration especially while pregnant. Loss of skillswhilst off was not addressed on return.” 200 It is importantto ensure that women returning from maternity leave areprovided with appropriate training and flexible workingsupport. Research should also be conducted into thefeasibility of establishing a ‘bank’ of skilled officers whocould be deployed nationally to assist in time of staffshortage, due to maternity leave or gaps due to part-timeworking .201It was also apparent in evidence presented to theCommission that there are issues surrounding how parttime/flexibleworking is perceived. Care needs to betaken that policies are understood by all workers and thatwomen without children or men do not feel disadvantaged.As one woman commented, “In fact I believe the forcehas gone so far in the opposite direction that we are soflexible, occasionally it does become a nonsense.” 202 Acommunication strategy should be developed within allpolice forces to educate staff and officers as to the reasonsfor initiatives such as flexible working. The option of flexibleworking should also be actively promoted among malestaff.As a woman who doesn’t have children, I get frustratedwhen certain women get preferential treatment becausethey have childrenFemale working in the Police, Questionnaire Response,December 2008While the GED requires the distinct needs of women andmen to be taken into account when developing staff policy,too often gender equality is interpreted as requiring thetreatment of staff as ‘genderless.’ The police force uniformprovides a very clear example of this. The Commissionwas told in evidence that rather than police uniforms beingdesigned for male and female officers, the same maledesigneduniform, based upon a 1950s military uniform, isissued for both men and women in some forces. Given thedifferent male and female body shapes, this uniform resultsin a very uncomfortable and impractical uniform for womenofficers. Within some forces, shirts are male in design andare ordered by collar size and stab vests also have noshaping which can result in discomfort for larger women.Some forces have tailors to modify uniforms to fit officers,while other officers undertake their own alterations or put upwith wearing an ill-fitting and often uncomfortable uniform.I am a woman and it needs to be recognised, becauseI have skills as a woman that a man hasn’t got and viceversa. I don’t want to be recognised as equal, I want to berecognised for what I am and we are almost going too farthe other way they have made us all PCs and you can’trecognise if it is a man or a woman coming to see youbecause they have changed our numbers.Respondent in study by Janet Astley on West MerciaConstabulary, February 2007The Commission is concerned at the changes whichhave been made to the selection process for promotionto Sergeant. Instead of a written exam, an area in whichwomen have excelled, there is now a work basedassessment. Promotion based on workplace assessmentis likely to disadvantage part-time workers who spendless time in the workplace. The need to spend time awayfrom home to attend courses necessary for promotion willalso disadvantage individuals with children or other caringresponsibilities. As one woman commented:Page 69

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemI do feel there is a disadvantage for progression to senioruniformed ranks. I feel sure there must be other waysof assessing officers rather than having to spend weeksaway from home on the Strategic Command Course. 203The long working hours culture was perceived as an implicitrequirement for promotion by many respondents and wasalso viewed as disadvantaging women. One woman toldthe Commission:I feel that for some women working long hours is fineif they do not have home commitments or they havefamilies which can help with things like child care. If youare not in that position, then the Force can be a difficultplace to work. 204This culture of ‘presenteeism’ and long working hoursis actually detrimental to all officers and staff, butmay particularly disadvantage individuals with caringresponsibilities. Management should lead by example inworking appropriate hours.…the long hours culture that seems to be encouragedespecially if you are wanting promotion is a disadvantage,as we aren’t so willing to do those hours just to be seenhere…I also think that is a common misconception thatyou do more if you are here longer. Far from it, if youmanage your time effectively it should be achievable withinour contracted hours.Female working in the Police, Questionnaire Response,December 2008At lower ranks there are more opportunities to be promotedbut there is a perception that promotion can only comeabout with recent operational practice and that it mayinvolve de-skilling. For example, some departments donot contain sergeant ranks and therefore in order to bepromoted officers will have to move to another department,often with operational duties and therefore shift work. 205Women may also be ‘siloed’ into particular departmentsbecause they offer the opportunity to work more flexibly. Forexample, there are a high proportion of women working inneighbourhood teams and in the Child Protection Unit. 206I think the promotion system within the police is flawed.It is not enough to be very good at your job, you have toprovide evidence of ‘extra’ work and responsibilities thatyou have taken on - not easy when you are doing a fulltime job and thinking about collecting kids from nurseryand what to cook for tea…Female working in the Police, Questionnaire Response,December 2008The Commission received evidence from both police staffand police officers. Police staff provide the organisationalcapacity for the police service performing more than 200different roles including training and recruitment, dealingwith 999 calls and preparing case papers. The Commissionis concerned, especially given the high proportion of womenamong police staff, that there are fewer opportunitiesfor promotion and career development for police staff incomparison to those offered to police officers. 207Some specialist roles continue to be male dominated. Theuse of fitness tests for particular roles may be one barrier.Fitness tests are still typically based upon a male standard,such as requiring upper body strength. 208 Fitness testsshould be designed according to the actual tasks requiredfor the role.A number of respondents who shared their views with theCommission suggested that having women on the selectionpanel for specialist roles may increase the number of femaleapplicants. As one woman told the Commission:I feel that women who want to move into specialist, maledominated roles feel more relaxed and perform betterwhere a woman is on the interview panel and advertisingthe fact in advance increases female applicants. Women’snetworks also improve confidence. 209Female-only training may also encourage women to attendspecific training courses. For example, West MidlandsPolice force offered a standard motorcycle evaluationcourse for female officers only. The Commission alsowelcomes the development of training which specificallytargets the development of women, such as theSpringboard programme (see box). The developmentof women’s networks within forces is also encouraging.Mentoring schemes should also be considered within eachPage 70

local area, with women who have reached senior positionsproviding guidance to women considering promotion.Good practice example: SpringboardSpringboard is a personal and professional developmentprogramme designed and developed by women forwomen to enable women to gain greater influence and toachieve their potential both at work and in their personallives. It is comprised of four workshops and a workbookspread over three months. This programme has beenutilised by a number of police forces including ThamesValley, Dorset, South Wales, Nottinghamshire, WestMidlands and the Metropolitan Police Service.It is important that the contribution of women to the policeforce is recognised. The specific skills which women canbring to a situation were noted by many respondents.At public order situations a female officer can quite oftencalm things down. The offenders are irate and quite oftenwanting to fight the world, if they see a male officer theysee another challenge but not with a female officer. 210Female police officers also noted that from their experience,that female victims of abuse often appear more comfortablewith a female officer. As one officer remarked:I have found that being a female, and also possibly myage, women in domestic violence situations open up tome and put their trust in me. I feel this is because theybelieve I can identify with them. Having said that however,I would never assume that just because a victim of sexualassault or violence is female that she would automaticallywant to speak to a female…Each incident is different. 211As many women working in the police noted, the importantthing was for victims of crime or offenders to have thechoice of having access to a female officer and also thatwomen needed to be equally represented in the police forceso that it is seen as being representative of the community.Change is happening slowly and the Commissioncommends the work of the police force, the BritishAssociation of Women in Policing and the womenthemselves, for creating the beginnings of a shift inmindset. As one member of the Metropolitan Police Servicecommented:I think the increase of women within the service andrising through the ranks is changing the outlook of theorganisation, away from being a macho culture to onethat is more responsive and thinking, yet robust. 212The Legal ProfessionA Law Society survey published in May 2008 found thatmale solicitors earn on average £19,000 more than females,with a median yearly salary for males of £60,000 comparedto £41,000 for females. This represents a pay gap of 32percent. Even after factors such as grade, post-qualificationexperience, region, size of firm, breaks taken, hours workedand area of law, were taken into account by the survey,female solicitors still earned on average 7.6 percent lessthan their male counterparts. 220 This pay gap is worrying,not only because it demonstrates women are not receivingequal pay for equal work, but also because it highlightsthat barriers still very much exist in relation to women’sprogression to the senior levels of the profession.There is no shortage of women entering the law. In 2007,Women made up 61.3 percent. of students accepted intolaw courses and in the year up to 31 July 2007, 7,121 ofthe 11,351 students enrolled with the Solicitor’s RegulationAuthority (SRA) were women. During this same period,6,012 new traineeships were registered with the SRA, ofwhich 61.5 percent. were women. As at 31 July 2007, 44.3percent of solicitors on the roll were female. 221However, the numbers of women markedly decrease insenior positions. Ratios at UK firms are slowly startingto improve, with 19.6 percent of partners in the top 100firms now women. However, this is only a slight increaseon 2006, when the figure was around 19 percent. Thispercentage further decreases within the top tier firms. In2008, just over 14 percent of partners in the top four firmswere female and 15.9 percent of partners in the UK’s tenlargest firms were women. 222Evidence suggests that the long hours culture, inflexiblehours and lack of family friendly policies make it very difficultfor women to progress to partnership. Maternity leave orcareer breaks also impact on opportunity for promotion.Page 71

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemNotably, women make up a high proportion of seniorlawyers within the Government legal service, where greateremphasis is placed on flexibility.Interestingly, law firms are not immune from outsidepressure, particularly when it comes from one of their ownclients. General Counsels have at times used their influenceto push diversity up the agenda. For example, BT has builtdiversity into their selection processes for outside law firms.While, Tyco International went so far as to set staff diversitytargets (and a bonus if they were met) to its law firm,Eversheds. 223 The Commission commends this practice.At the top 30 sets of the UK bar, there are only 42 femalecompared to 479 male silks. 224 In 2008/9, 87 men wereappointed as Queen’s Counsel compared to 16 women. Ofparticular concern to the Commission, as Table Five reveals,is that the number of women applying for QC is at its lowestlevel for ten years. It was hoped that the changes to theQC selection process in 2006 which introduced a moretransparent process, would lead to an increase in femaleapplicants, particularly now that the initial self assessmentfilter has been removed and diversity is a competency inits own right within the selection framework. However,while the success rate for female applicants is improving,the small pool of applications from women needs to beaddressed. The Queen’s Counsel Appointments SelectionCommittee should work with the Judicial AppointmentsCommission to share best practice and methods forincreasing the pool of women applicants.This inequality in outcome (such as the small numbersof women applying for silk) which continues to exist canbe attributed to historical inequalities as well as the highattrition rate among female barristers. The bar continuesto be a male-defined environment with implicit and explicitinstitutional structures and practices which have the effectof disadvantaging women. Women now join the Bar inroughly equal numbers to men. However in 2007, 30.94percent of self-employed practitioners were women whilstonly 19.5 percent of self employed practitioners withover 15 years experience were women. 226 Further, anunpublished report dated May 2008 based on a survey ofmore than 3,600 barristers showed that on average menearn almost £100,000 (gross billed income) more thanwomen per annum. 227Barriers to progression to the senior levels of bar can befound in the culture of the profession. For example, theself employed bar involves expectations to work longhours; travel on short notice, a lack of flexibility includingno provision for maternity or caring leave and financial risk.These expectations adversely impact on women and singleparents resulting in many leaving the profession. A BarCouncil study of barristers ceasing self-employed practice,found that the number of women who began a tenancybetween the years 1988 and 1998, and who ceased topractise between the sixth and tenth years of call wasnearly twice that of men. 228 Even the process for appointingSilks will disadvantage women who have taken a break(s) inTable Five – Queen’s Counsel Statistics, 2009 225Totalapplicants1998 1999 2000 2001 2002 2003 2006 2007/08 2008/09511 553 506 456 429 394 443 333 247Total awards 60 69 78 77 113 121 175 98 104MaleApplicants 465 504 453 405 385 355 374 276 215Awards 50 60 68 67 101 112 141 78 87FemaleApplicants 46 49 53 51 44 39 68 51 29Awards 10 9 10 10 12 9 33 20 16Page 72

her career, as these women may find it harder to meet therequirements for judicial and other references. The cost ofthe Silk application may also preclude some women withthe application fee for the third competition currently £2,500plus VAT and a further fee of £3,500 plus VAT payable bysuccessful applicants on appointment.…When I was at the bar I did feel that I was discriminatedagainst. After having my first child I returned to chamberson a part time, three days a week basis. After I had mysecond child, when I came back from maternity leave theclerks had done absolutely nothing to get me any work(they had not even written to solicitors to tell them that Iwas returning, although the date had been fixed for somemonths). I complained about this but little was done. I thenrequested to be allowed to pay my chambers rent on a prorata basis as I was only in three days a week but receivedthe response that my desk was available to me five days aweek and there was no reason why members of chambersshould have to subsidise me because I choose to stay athome for some of the time. I left practice shortly thereafter.My general experience at the Bar was that there appearedto be no discrimination against women who did not havechildren, or who did have children but were prepared toreturn to work without making any adjustment to the wayin which they worked, but those who wished to work parttime,or had geographical or time restrictions because oftheir childcare commitments, were effectively written off.Former Female Barrister, Questionnaire Response,February 2009Women are also often pigeonholed into practising within thestereotypically ‘acceptable’ areas for women, such as familylaw. As one woman told the Commission, “my clerk…pushed me into family work when my background was civil/commercial.” 229The Commission supports the recommendation madeby the Entry to the Bar Working Committee in relationto retention, including that equality and diversity trainingshould be made compulsory for all barristers as part of theircontinuing professional development requirements andthat a mentoring policy, particularly for women who takematernity leave or career breaks, is adopted by Chambersand relevant employers. 230The Courts and theJudiciaryThe lack of diversity in the Judiciary has remained a majorconcern for the Commission since its inception. Justiceneeds to be accessible and responsive to all citizens,irresponsive of gender. As Lady Brenda Hale, the firstfemale Judge to be appointed to the House of Lords, whenasked about the lack of female judges, commented:This matters because democracy matters . . . We arethe instrument by which the will of the Parliament andGovernment is enforced upon the people. . . Judgesshould be no less representative than the politicians andcivil servants who govern us. 231Judges should more accurately reflect the diversity ofsociety in order to ensure that there is public confidencein the system particularly from the female population.Further, women can bring new and unique perspectivesto the bench based on their experiences, concerns andinterests. As Lady Justice Arden, stated in her address tothe Association of Women Barristers “It is that potentialfor different perspectives that men and women often havethat in my view has the potential to enrich judicial decisionmaking.”232In April 2008, of the 3820 Judges in England and Wales,just under 20 percent were women. 233 The EHRC report intoSex and Power in 2008, revealed that women representedonly 9.6 percent of the senior judiciary (high court judgeand above) and that at this current rate of progress itwould take another 55 years to achieve an equal numberof senior female and male judges. 234 According to the mostrecent figures currently available, just over ten percent ofthe 109 High Court Judges are women and just over eightpercent of the 37 Court of Appeal Judges are female. 235This represents particularly poor progress, especially incomparison to the proportion of female judges in otherinternational senior courts (see Table Six). As Justice LadyArden stated:There are far fewer woman Judges in England and Walesthan in many other jurisdictions throughout the world... 236Page 73

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemHowever there is progress. Five of the High CourtJudges recommended for appointment by the JudicialAppointments Commission in October 2008 were womenwhich will raise the number of female High Court Judgesto 17 out of 100 237 (15.5 percent). It is a start but change isstill not happening quickly enough. Significantly, less thanten percent of the entire field of candidates for High Courtappointment in 2008 were female. This low applicationrate will obviously have a significant impact on the pool offemales available for selection for judicial appointment. Asthe Lord Chief Justice remarked, “What we want, and whatthe Commission wants, is the widest possible choice ofcandidates from which to make selections based purely onmerit. And this is the way in which diversity and merit willoperate together.” 238The Judicial Appointments Commission (JAC) should becommended on the progress it has made in improving thejudicial appointments process. However, much work is stillrequired for the JAC to fulfil its statutory responsibility ofencouraging diversity in the range of persons applying forappointment.I think the JAC are doing a good job. I applied to become aDistrict Judge at the age of 34, having sat as a Deputy onlyfor some 9 months and having left the Bar to lecture onthe Bar Vocational Course, so did not fit the typical profileof someone to be appointed, but I was successful.Female Judge, Questionnaire Response, February 2009The advertising and targeted outreach events conducted bythe JAC were recognised by a number of respondents asbeing effective:I was under the mistaken belief that all judges had to bebarristers and older with lots more experience. Variousadverts / marketing caught my eye and made it clear thatit was in fact much more open. 239The Commission also welcomes JAC engagement withgroups such as the Association of Women Barristers, theAssociation of Women Solicitors and groups representingBME lawyers. However, more evaluation should be carriedout on advertisements and outreach events to ensure theJAC is reaching its intended audiences.Table Six – International Examples of Proportion of Female Judges (2008)CourtThe appointments process needs to tackle the substantialdisadvantage faced by women both within the judiciary andwithin the legal profession to have any real impact on thenumber of women applying for appointment. As one femaleJudge commented, “A problem forPercentage of FemaleJudgesEuropean Court of Justice 17%High Court of New Delhi, India 18%Federal Constitutional Court of Germany 19%Constitutional Court of South Africa 27%High Court of Australia 29%NSW Court of Appeal , Australia 30%European Court of Human Rights 31%Supreme Court of Canada 44%many women is the overwhelminglymale culture and conversation ofmost Judges.” 240 While, the genderresponsiveness of the judiciaryshould gradually begin to changewith the appointment of more femalejudges, it is also crucial for all Judgesto be trained in equality and diversity.This will require partnership workingbetween the JAC and the JudicialStudies Board. It is also important toconsider what support is available forwomen after they enter the judiciary.As a Recorder told the Commission:Page 74

The key issue in my view is that the JAC’s concern withencouraging diversity ends with the appointment process.There seems to be no body charged with responsibilityfor supporting such individuals after appointment. This isa serious shortcoming. The judicial environment can beintimidating and off-putting to outsiders – if not actuallyhostile. 241The Commission is encouraged that the Judicial StudiesBoard has set as one of its 2007-2011 key milestones,the development, promotion and delivery of a programmeof equality and diversity training for the Senior Judiciary. 242This needs to be implemented urgently, and should dealwith equality and diversity issues within the workplaceas well as the specific needs of women, both as victimsand offenders. The existing Equal Treatment Bench Bookdeals with Women and Equality at Chapter 6. However,this Chapter is disappointingly out-of-date and also fails tocover important research which has developed over the lastfew years such as the benefits associated with communityalternatives to custody when considering the sentencingof women offenders. It would also be useful for a shortreference book to be developed for each court house, sothat Judges were aware of the specific facilities availableat each court for women and problems which may beencountered.A recent report by Professor Dame Hazel Genn DBEQC into the attractiveness of senior judicial appointmentto highly qualified practitioners, stated that the chiefconcern raised by women was that the predominantlymale environment of the judiciary might “actually be hostileto women, let alone supportive.” 243 The report notedthat some female barristers saw the bench as merely anextension of the male-dominated bar, while female partnersin city commercial law practice showed reluctance tostruggle to prove themselves all over again “in a worldthey perceived to be even more antediluvian than citycommercial law practice.” 244 The requirement to undertakea part-time judicial appointment to be eligible for seniorjudicial appointment was also seen as extremely difficultby female partners juggling private practice and familyresponsibilities. 245 The JAC has commissioned furtherresearch into barriers for barristers and solicitors to applyingfor appointment. The results of this research are due later in2009.In October 2006, the JAC adopted qualifying tests as analternative method for taking shortlisting decisions. As onefemale judge commented:I am concerned that the sift by examination alone mightdiscourage the very people the system is designed tohelp. I am concerned that some may be deterred frommaking a second or third application and that somegood candidates will not be prepared to put themselvesthrough the ordeal. 246Non-statutory eligibility criteria, such as the expectationthat candidates for salaried posts will have fee-paidexperience, may constitute a barrier for women candidates.Significantly, in 42 out of 59 selection exercises launchedsince April 2006, non-statutory eligibility criteria wereused. 247 We are concerned that the effect of the recession,with increasing applications, may lead to a greater focuson efficiency resulting in more reliance on criteria such asfee paid experience. The Commission recommends thatfee-paid experience should not be used as an essentialcriteria. Allowing Government lawyers to apply for thejudiciary would also assist in widening the pool of femalelawyers, given the high proportion of female lawyers withinthe Government Legal Service.The unavailability of part-time working also narrows the poolof women who may consider applying for a judicial position.For selection exercises since 2006, only 49 percent of postswere open to part-time working. Responses from femalejudges also suggested that part-time working was notsomething that was actively encouraged within the courts:If I was a District Judge then I would be interested inworking part time or perhaps a job share – I do notbelieve that these are widely available and the vibes thatI have picked up from other judges are that it is seen assecond best and not really the done thing. One full timeDistrict Judge told me that unless I had small children Iwould not have a chance of even being considered forpart time. 248Page 75

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemI work four days a week as a District Judge. It is reasonablyeasy to do at the District Bench because most casesare short. I gather that it is very difficult if not impossibleto work less than 5 days a week at the higher end of thejudiciary, although personally I cannot see why if someoneis a circuit judge, for example, they cannot sit for 4 days aweek with cases lasting longer than 4 days having a dayoff on the Friday.Female Judge, Questionnaire Response, February 2009Judges were also concerned about how individuals weresimply allocated to a particular location without consultationand the problems this could present for women with youngchildren:I do think that a more transparent system for allocatingjudges to particular locations and areas of work and soon would be an improvement, so that one could actuallylook at the criteria being applied and assess for oneselfwhether they are fair or not. 249While another Judge told the Commission:It would be much more helpful if on first appointmentmore regard was had to childcare commitments and soon, with a dialogue about where one would prefer to sitrather than just being told where it was to be. 250I can see that it causes problems with those who haveyounger children and who may be sent to a distant courton a regular basis. Appointing women with children closerto home if they desired would assist.Female Judge, Questionnaire Response, February 2009The JAC has much work to do. For as Dame Hazel notes,the perception of the judiciary as a male-dominatedenvironment with limited support and female role models isunlikely to change until women are appointed to the HighCourt in sufficient numbers. 251MagistratesThe Commission received some important input fromwomen volunteering as Magistrates. Given the voluntarynature of this commitment, issues such as careerprogression are not relevant. However, the responsesrevealed a number of key themes which reflected theconcerns of women working within other criminal justiceagencies.Time-based concerns were common for Magistrateswith children, especially in relation to late sittings. As oneMagistrate told the Commission:I feel that the pressure to attend bench meetings,chairman’s meetings and training sessions on top of mysittings shows a failure to recognise the demands alreadymade on my time as a busy working wife and mother. 252It was also noted that the change from half day sittingallocation to an all day allocation basis in some court areasmade it more difficult for parents needing to pick children upfrom school. This is exacerbated by the inability to predictfinishing time:I am sure that females with children or carers find itdifficult to predict home time. Courts are also so busywith so much extra reading to do for staff and so muchchange that a day is often too intense to fit into reducedhours. 253There were also concerns that given childcare andemployment obligation restrictions, there were far more JPsof retirement age than of working age. Many respondentsrecommended that there was a need for childcarereimbursement (which is provided by the Courts) to be morewidely publicised beyond the website and the applicationform, so that young women are aware of this benefit andmight be more likely to apply.When I first entered the community room it was like goingback 100 years, there was from the very start a feeling ofdiscrimination against female magistrates and the “jobsfor the boys“ mentality. I felt like a second class citizen,still do, and nothing seems to have changed since I wasappointed almost three years ago. I still feel apprehensivewhen entering the room hoping there are other friendlyfemale magistrates there. You are sometimes completelyignored on the bench, especially when sitting with twomale colleagues when trying to discuss a case.Female Magistrate, Questionnaire Response, March 2009Page 76

Some magistrates noted that they felt as females thatthey were treated differently by male colleagues and oftenafforded less respect. As one described:On one of my early sittings I was handed paperwork (presentencereports, means forms, court listings, etc.) by the(male) chairman of the bench to carry for him. I remindedhim that they were his papers, since I already had my ownset – he said ‘No, I want you to give them to the Clerk.I had the distinct impression I was being treated as hissecretary because I was female and relatively young. 254However, most responses indicated that females weretreated on an equal footing with their male counterparts andthat there had been a definite improvement over the years.I think the opinion of female magistrates, as being “twinset & pearls” that had to “do” something no longer existsas it did…16 years ago. I feel completely equal to mymale colleagues – whether they like it or not. 255The gender balance within the Magistracy allows forwomen to be well represented on the bench and this wasconsidered important by most magistrates who shared theirviews with the Commission. The challenge is for this femalerepresentation to be replicated in the judiciary.ProbationAlthough the probation service is a female dominatedprofession and has a significantly better gender balance atsenior levels than other criminal justice agencies (67.53%of probation service staff are women and 19 out of 40 chiefofficers of probation are women) 256 , female employees stillexperience discrimination. For example, women told theCommission that they had felt disadvantaged after takingcareer breaks due to caring responsibilities. Additionallylong working hours, particularly evening work, alsoimpacted on family life.my children were young and at school…any family crisiswould be accommodated by probation.” 257 Many probationservices provided the Commission with examples of theirgender equality schemes.A recent study by the Centre for Crime and Justice Studiesconcluded that although in real terms the budget of theprobation service has increased more than other criminaljustice agencies, the notable decline in qualified staff andtrainees and the significant structural changes has seen theworkload of qualified probation officers and all main gradeofficers increase by 28 percent and 35 percent respectivelyin the period 2002-2006. 258 The stresses associated withan increased workload are likely to particularly impacton women with caring responsibilities and this should becarefully monitored.Given the female-dominated nature of the probationservice, there has been less research around discriminatorypractices. However, women working in the probationservice told the Commission that they faced obstacles dueto the male-defined nature of the criminal justice system. Asone senior probation officer remarked, “the criminal justicesystem and probation is very male orientated and machowith more value placed on male macho/male qualities.” 259This male-defined culture is also reflected in the nature ofprogrammes which are available to female offenders, asnoted in Chapter Three.Respondents also commented that the particular skills theybrought to their role in the probation service as womenwere often not acknowledged. As one probation officerstated concerning what she would change about thesystem “Recognition that both male and female workershave an important role to play in the probation servicebecause of their differences and not despite them.” 260HM Inspectorate of Probation should carry out a thematicinspection on sex equality to help pinpoint discriminatorypractices and cultures that female employees experience.However, there was recognition that the probation servicewas fairer towards women than many other professions.As one case administrator remarked, “I have worked forProbation for seventeen years, I worked part-time whenPage 77

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemPrison Service…there is a need to constantly have to prove oneself toavoid criticism from my male peers who appear very quickto judge and very slow to forget. 261As the Prison Service has itself acknowledged theresourcing problem in some women’s prisons has resultedin a shortfall in the number of women in uniformed gradesavailable to undertake tasks which have to be carried outby women staff, including tasks such as full body searching,rub down and pat down searching of women (includingvisitors) and supervision of showering, bathing andchanging. 262 As one prison worker stated:Where only women are able to do the searching onthe female prisoners there should also be some jobstherefore that are specifically assigned to men to balancethis as at this time women are able to do everything andare therefore required to whereas it is easier for maleofficers. 263While another officer commented:I don’t think we’ve got enough female staff. Some womenwouldn’t feel comfortable talking to a man; some are evenscared of them. I’ve been told by some women that theydon’t even want them unlocking their cell. 264The number of female staff should be increased throughthe use of the genuine occupational qualifications exceptionin relation to recruitment, training, promotion or transferunder section 7(2) of the Sex Discrimination Act. Part-timeworking and job-sharing and positive action measures,such as the special measures under CEDAW, would also bevaluable.As Table Seven demonstrates, there is also a lack ofwomen at senior management levels with less than aquarter of prison governors being women. However, itis encouraging that four out of the ten newly appointedDirectors of Offender Management are female. 265As a recent report noted “government policy on prisons ismired in contradiction.” 266 Staffing levels have increasedbut at a slower pace than the growth in prisoner numbersand meanwhile the budget in real terms has decreased by7 percent since 2001. This is placing real strain on prisonstaff.Sexual Harassment has been a persistent problem withinthe prison service. In 2007, the Equal OpportunitiesCommission (EOC), embarked on a formal investigationof the frequency and persistence of sexual harassmentagainst women and men working for HMPS. However,this investigation has been suspended on the basis ofan agreement between HMPS and the EOC (and now itssuccessor EHRC) on an action plan to prevent and dealeffectively with sexual harassment. This agreement lastsuntil 30 November this year, by which time HMPS shouldhave implemented its action plan and put monitoring intoplace.The Commission welcomes the action plan. However,responses from females working within prisons reveala culture of institutional sexism. As one prison officercommented, “I feel if I don’t partake in sexual banter I getleft out and am not one of “the boys.” 267 Many responsesalso revealed that women working within the prison servicefeel that this culture is the standard against which they areassessed. As one woman remarked, “You feel that youhave to prove yourself a bit more and constantly answerquestions on your capability.” 268I am aware of the measures [equality and diversity] in placeI am also aware of many staff that will not follow thosemeasures for fear of future reprisal. Unfortunately the moreit is highlighted, the less people are honest and decisionsare then made based on how we can make this appear fairand equitable.Female in the prison service, questionnaire response,December 2008Workers also told the Commission that the prison workinghours make it very difficult for women with children tomaintain employment. “There should be more familyflexiblehours for women with children. I reckon shifts ofeleven and a half hours are too much.” 269 A number ofrespondents were also concerned that women with caringresponsibilities would be unable to fulfil the initial residentialtraining requirements for the prison service. In addition, itwas highlighted to the Commission that it was also difficultPage 78

for women to access development opportunities whichrequired work away from home:In addition there are a number of secondments anddevelopment opportunities that come up from time totime that cannot be accessed without difficulties forwomen with family commitments. Standard Audit unit,PPO’s [Prisons and Probation Ombudsman’s] office andthe HMCIP [Her Majesty’s Chief Inspectorate of Prisons]team are good examples where staff are required to workaway from home for long and regular periods. 270I strongly believe that the prison service alienates a groupof women that care for children and/ or elderly relativesthat could make excellent officers by the initial trainingbeing residential and therefore away from homeFemale in the prison service, questionnaire response,January 2009The Commission is also concerned that there has beena tendency for equality and diversity issues and antidiscriminationpractices to be focused on within the femaleestate and largely ignored within the male estate. Policiesalso need to be promoted within the male estate to ensurepractices of sexual harassment and discrimination aretackled.Table Seven – Prison Service (March 2008)Prison service Numbers PercentagesMale Female Total Male Female TotalPrison Officer grades 19,710 5,793 25,503 77 23 100Governor grades & equivalent 1,170 348 1,518 77 23 100new Prison Service gradesOther grades 11,926 12,292 24,218 49 51 100Total 32,806 18,433 51,239 64 36 100Source: Statistics on Women and the Criminal Justice System, January 2009, Ministry of JusticePage 79

Part two:Engendering justice:roadmap for future reform➤A Vision for a Gender Responsive CriminalJustice System by 2020The criminal justice system will provide femalevictims with support, safety and justice.The criminal justice system will be responsiveto the needs of female offenders and theirfamilies.Women working in the criminal justicesystem will be free from discrimination andharassment and will have equal opportunitiesto progress at all levels of the various criminaljustice agencies.➤ ➤ ➤ ➤Policy and practice of all criminal justiceagencies will be informed by gender analysisso as to meet the diverse needs of both menand women.The Judiciary and the senior levels of thelegal profession, the police, the CPS, theprison service and the probation service willbe broadly representative of a society with abalance of women and men and recognitionof the skills and experiences of women.Page 80

Organisations sharing their views with the Commission on a ‘wish-list for future reformPage 81

Part two: Continued.Engendering justice: roadmap for future reform➤The Criminal JusticeSystem will providefemale victims withsupport, safety andjustice.The Commission has a vision of a criminaljustice system which is accountable to theneeds of victims with performance measured,not just by conviction rates, but also by thesupport, safety and satisfaction experienced byvictims. Effective and frequent communicationwill be maintained by the police and the CPSwith female victims and the court system willrespond to the needs of female victims andwitnesses with the consistent provision ofspecial measures and court listings which takeinto account caring responsibilities. Victims willhave confidence in the system to meet theirneeds and support services will be closelylinked with the justice system to provideinformation and support throughout the justiceprocess. Support services will be available forall women, including those who choose not toreport to the police or pursue legal processes.We will have worked towards societalawareness as to the myths and stereotypessurrounding violence against women and publicawareness campaigns will have resulted in asociety which no longer condones violenceagainst women. Education on consent,respect and violence against women will bea compulsory requirement within the schoolcurriculum. There will be recognition of violenceagainst women as a cause and consequence ofinequality and the Government will be activelyworking towards the prevention and eliminationof all violence against women.Page 82

Institutional change needed:➤ A cross-government integrated and strategic approachto ending VAW.➤ Recognition within every Government department ofVAW as a manifestation of gender inequality and aconsideration of the impact of policies on VAW.➤ Introduction of a national public awareness-raisingcampaign to target myths and stereotypes surroundingVAW.➤ Training of all frontline police staff and prosecutors onthe myths and stereotypes surrounding VAW and thepotential effects of trauma on a victim.➤ Implementation of an annual monitoring system whichmeasures the support, safety and satisfaction ofvictims.➤ The introduction of a national indicator on VAW, acrossthe criminal justice system, following the CPS model,with performance independently monitored.➤ Active referral of women to appropriate supportservices by the police and CPS.➤ Access to an independent adviser to provide supportand attend court with all female victims.➤ Effective and frequent communication maintained bythe police and the CPS with female victims and specialmeasures publicised and used consistently.➤ Training for solicitors, barristers and Judges on themyths surrounding VAW and the likely trauma victimsmay face during the trial.➤ Instruction to juries in relation to the potential effects oftrauma and the inaccuracy of myths and stereotypessurrounding rape and other forms of VAW.➤ A Government commitment to long term funding forVAW service provision, including services for BMEwomen.“That a woman does not deserve whatshe gets, by how she dresses, acts or drinkswhen out or at home. ”Female victimPage 83

Part two: Continued.Engendering justice: roadmap for future reformKey targets / indicators of success:➤ Annual monitoring and reporting of progress by everyDepartment on the cross-government strategy for theelimination of VAW.➤ A sexual assault referral centre and a rape crisiscentre in every local authority area, including specialistservices for BME women.➤ A Government-funded 24 hour helpline for VAW.➤ Specialist VAW investigators in every police area.➤ The CPS and the Police meeting their joint VAWtargets (which take into account the support andsafety needs of victims) and releasing annual up-dateson progress.➤ Independent monitoring showing increased reportingrates, reduction in number of victim withdrawals andreduction in the number of cases being classified asno-crime.➤ By 2020, a commensurate increase in rape convictionrates to reflect the improvements in the reporting,processing and treatment of rape cases.➤ Women who have experienced violence are able toaccess high quality specialist independent services, 24hours a day, 7 days a week.“That they take the crimes more seriouslyand are more sensitive to the needs andfeelings of female victims of crime. That rapeand sexual assault aren’t trivialised. ”Female victimPage 84

International example of good practice - Denmark’s legal representative for rape victimsWhen a victim reports a rape to the police, they havea legal duty to inform her that before she makes astatement regarding the attack, she has the right tolegal representation.It is the responsibility of the legal representativeto ensure that the interests of the victim are beingprotected throughout the investigation and prosecutionprocess. The legal representative liaises with police toensure that the victim is informed of any progress ofthe investigation and also has sight of any evidenceascertained prior to arrest which can then be discussedwith their client.The legal representative will attend trial with the victimand may intervene during their oral evidence to objectto questions being put to them and may also ask thatspecial measures, such as video-links, are used. Atsentencing, the legal representative may call witnessesand introduce evidence about the impact that the crimehas had on the victim and address the court on theissue of compensation.To ensure there is no “double prosecution” therepresentative may only be heard on matters thatdirectly affect their client, therefore they cannot crossexaminethe accused or ask for additional witnesses tobe called.* Please note: Denmark operates under a civil lawsystem and so transposing this example in its entiretyto the UK common law system may pose difficulties.Additionally, public funding would need to be availablefor this legal representation.“It would be for defence barristers not torely on rape myths as a ‘failsafe’ to win casesor for special witnesses to inform jurors sothat these tactics would not work. ”Female victimPage 85

Part two: Continued.Engendering justice: roadmap for future reformInternational good practice example - India’s women-only police stationsIn 1992, India’s first female chief minister implementedthe first all-women police station to facilitate thereporting of violence against women. This pilot wassuccessful and there are now all-women police stationsin 14 States across the country.The female staff in these police stations have beentrained to field complaints ranging from sexual assaultand violence through to neglect and dowry harassment.The effect has been to mitigate the fear of the socialstigma of confessing one’s family/marital problems toa male stranger. These stations have also created aspace where victims are comfortable to come forwardand report crime. This scheme has also encouragedother women to apply to become police officers and thenumber of women police officers has increased, as aresult, over the last 10 years.In addition to this initiative, India has also introducedcrimes against women cells, which are attached topolice stations.“A fair trial, and put everything on thetable for both sides. At the moment it is veryone sided and the victim doesn’t have achance! ”Female victimPage 86

➤ The Criminal JusticeSystem will beresponsive to the needsof female offendersand their families.“Respect. Take us seriously andunderstand the trauma that wehave been through. ”Female victimThe Commission has a vision of a criminaljustice system which recognises that equalitydoes not require that women offenders shouldbe treated the same as male offenders butrather that women offenders should be treatedappropriately according to need. There will berespect for the rights of women in custody,including their dignity, privacy and accessto legal advice. Women with mental healthproblems will be diverted from the criminaljustice system into health and social care attheir initial stage of contact with the justicesystem. Non-violent female offenders will not begiven custodial sentences but will be divertedtowards services in the community to addressthe causes of their offending behaviour, andto ensure they can continue to parent theirchildren.Sentencers, and the wider community, will haveconfidence in the community alternatives tocustody in their local area. The current femaleprison estate will be phased out and replacedwith small custodial units, designed specificallyfor the needs of female offenders and theirfamilies, in each county area. These smallcustodial units will operate alongside a networkof gender specific community provision.Page 87

Part two: Continued.Engendering justice: roadmap for future reformInstitutional change needed:➤ Clear national direction introduced on minimum localpolice force requirements in relation to offenders withdependent children and hygiene facilities for women.➤ NHS responsibility for the provision of healthcare inpolice stations, including the provision of psychiatricassessment screening, to improve healthcarestandards and diversion for treatment.➤ Criminal Justice Liaison and Diversion Schemesworking in partnership with the police and courts todivert offenders with mental health needs away fromthe criminal justice system.➤ Alternatives to remand available to the judiciaryincluding bail hostel provision, intensive supervisionand electronic surveillance.➤ Comprehensive pre-sentence reports which analysethe harms likely to result from incarceration for eachindividual.➤ Mechanisms put in place by the Sentencing Councilto collect information about sentencing practices inrelation to female offenders, to allow annual data to bepublished and sentencing practices analysed.➤ Training in place for Judges, Magistrates and LegalAdvisers on the specific needs of female offenders.➤ Sentencers visiting community alternatives to custodyon a bi-annual basis and attending training withproviders of community services.➤ Long term funding for community provision anddevelopment of a national network of gender specificcommunity provision with accommodation facilities andsmall custodial units, including provision for children toremain with their mothers.➤ Community provision which take into account thedistinct needs of BME women and foreign nationalwomen.➤ Sentencing of offenders taking into account theparticular harms resulting from custody on women andtheir families.“To treat everyone as individuals and notto have preconceived ideas about femalevictims. ”Female victimPage 88

Key targets / indicators of success:➤ The number of non-violent female offenders receivingcustodial sentences should have decreased by 50percent from 2009 levels (from 4,300 to 2,150).➤ The number of foreign national women in UK prisonsshould have decreased by 50 percent.➤ The number of women on remand in UK prisonsshould have decreased by 50 percent.➤ Dedicated ‘one-stop shop’ women-only provisionfor female offenders in all county areas, includingaccommodation / hostel provision.➤ Services that meet the needs of BME womenintroduced in each county area.➤ Small custodial units operational, alongside community‘one-stop’ shops in all county areas.➤ Decrease in incidences of self harm and prevention ofdeaths in custody.➤ Decrease in the number of women separated fromtheir children or losing their homes as a result ofcustodial sentences.➤ Community orders which effectively meet the needsof women offenders are available in every court arearesulting in a subsequent decrease in breaches ofsuch orders.➤ Decrease in the re-offending rate for female offendersreceiving community sentences.“To be kept in a prison near home and haveall my needs for release met there. ”Female Offender“I would like to see interventions delivered towomen in an informative and relaxed atmosphereto help them to deal with their everydayproblems. ”Probation WorkerPage 89

Part two: Continued.Engendering justice: roadmap for future reformInternational good practice example - Keeping children with their mothers whilst in prisonAt Ringe State Prison, Denmark, the decision aboutwhether to have children living in prison with theirmother is not made by the prison but by the localauthority and the mother. If the local authority deems themother fit to look after her child then it is her decisionwhether to have her child with her or not.After that decision is made in the affirmative, all effortsare made to ensure mother and child are not separateduntil the child reaches their third birthday. Once oldenough, the child is sent to a nearby nursery during theday, allowing the mother to access the support availablesuch as education, workshops and drugs-rehabilitation.The architecture and atmosphere at Ringe prison isradically different to UK Prisons, as it consists of smallbungalow-type units housing 10 people, all servicedby a communal kitchen and living area.The idea isthat prison existence should approximate normal lifewhere possible. The prison also works in partnershipwith a halfway house in Copenhagen and if possible,depending on the length of sentence, a mother and herchild can be transferred there.“Ensure women prisoners are located closeto home in order to keep in contact with children[and] to aid housing and employment onrelease. ”Prison WorkerrPage 90

➤ Women working inthe criminal justicesystem will be free fromdiscrimination andharassment and will haveequal opportunities toprogress at all levelsof the various criminaljustice agenciesThe Commission has a vision of a criminaljustice system culture which reflects andvalues the needs, experiences and skills ofboth women and men. Career progressionand grading practices will be responsive tothe needs of women and workplaces willchange their practices to utilise the skills andexperiences of women. Women will receiveequal pay for work of equal or equivalentvalue. The instutionalised nature of sexismwithin criminal justice agencies will be openlyacknowledged and sex discrimination, includingdiscrimination on the grounds of pregnancy,and sexual harassment will no longer betolerated.“Prison could be an effective environment in which womencould address their issues, link in with relevant agencies andgain new skills but this just isn’t happening. ”St. Giles TrustPage 91

Part two: Continued.Engendering justice: roadmap for future reformInstitutional change needed:➤ Extensive research into sexism, sexual harassmentand discriminatory practices, including pregnancydiscrimination, in the police, probation service, prisonservice and legal profession undertaken by the EHRCin partnership with the relevant authority / inspectorateand the results widely publicised.➤ An explanation of the benefits of part-time workingand flexible work practices and the availability ofthese initiatives for male and female employees widelypromoted within the police force, probation service,CPS, the legal profession, the judiciary and the prisonservice.➤ Methods for promotion and locations for prerequisitetraining which take into account caring commitmentsof staff as well as any disadvantage for part-time orflexible workers in assessment methods chosen.➤ Equal pay audits conducted by all criminal justiceagencies and public authorities.➤ Part-time working available to all levels of the judiciary.➤ A programme of equality and diversity training inplace for all levels of the judiciary, including the seniorjudiciary.➤ An appeal system within the police, CPS, probationservice and prison service to allow employees toappeal decisions in relation to flexible working beyondlocal managers.“Support services for women who have experienced domesticviolence to be delivered by specialist service providers in everywomen’s prison in the country, as well as being provided withongoing advocacy support upon release. ”Organisation working with OffendersPage 92

Key targets / indicators of success:➤ Sex discrimination, including discrimination on thegrounds of pregnancy, and sexual harassment is nottolerated within criminal justice agencies and robustreporting and monitoring mechanisms are in place.➤ Flexible and part-time working is common practiceand welcomed among all levels of the police force, theprobation service, the CPS, the legal profession, thejudiciary and the prison service.➤ There is a decrease in the pay gap between men andwomen within criminal justice agencies and publicauthorities.➤ Workplace policies, such as uniforms, which take intoaccount the needs of women.International good practice - International Law Firm, Debevoise & Plimpton LLPThis law firm was ranked no.1 in the 50 Best Law Firmsfor Women Survey 2008 by Working Mother Magazinedue to its commitment to catering for working mothers’needs. The creation of a Women’s Resource grouphas ensured that professional/life issues are discussedand dealt with within the firm. The firm’s policies forworking mothers include not side-lining employees whoreduce work hours because of personal commitments,evidenced by the promotion of a worker whilst onmaternity leave to an equity partner position, and alsocompensating those who work over their salariedhours with accrued holidays and bonuses. Further, toaid those employees who wish to remain working, butfrom home, a technology reimbursement has also beencreated.“We would also like to see women who have children incare because of their prison sentences made a priority on thehousing waiting list and also be eligible for applying for houseswith the appropriate number of bedrooms. ”Together Women ProgrammePage 93

Part two: Continued.Engendering justice: roadmap for future reformInternational good practice - Abu Dhabi Judicial Department’s Creche FacilitiesAbu Dhabi Judicial Department is about to launch a crèche within its premises to provide baby-sitting facilities towomen employees and customers. This nursery will begin taking children in the first quarter of this year. It will employtrained childcare staff and it is hoped will be used by the 22 percent female staff working in the department.International good practice - The Delhi High Court’s Crèche Facilities for staffThe Delhi High Court is planning to open a crèche for theday-care of women lawyers’ and employees’ childrenaged up to three years. Once this has been established,it is hoped that similar crèches will be set up in four trialcourts in different parts of the city to combat the lackof child care available to working mothers. A furtheraim of this pilot will be to combat the concerns that thelack of crèches in particular, had resulted in a skeweredmale-female ratio in the Indian legal profession.“To maintain and increase the number of women appointedand to support applications by offering deferments and regularreviews of locations and sitting packages. ”JudgePage 94

➤ Policy and practiceof all criminal justiceagencies will beinformed by genderanalysis so as to meetthe diverse needs ofboth men and womenThe Commission has a vision of a criminaljustice system in which all organisationsproviding a public service take a proactive andpositive approach to addressing discriminationand promoting gender equality through thegender equality duty. Gender equality ismainstreamed into all policies and processes,with mechanisms in place to monitor outcomesand ensure accountability. There is publicunderstanding that equality requires appropriatetreatment according to need and both womenand men will see gender equality as beneficialfor society and for themselves as individuals.“I would like to see women included equally as men interms of assignments. If a woman is pregnant she should beoffered the same assignment as a male officer on light dutywith the same limitations. Our male officers are assigned tomanage cases with investigators while our female officers areassigned to data entry and answering phones. ”Patrol Officer, PolicePage 95

Part two: Continued.Engendering justice: roadmap for future reformInstitutional change needed:➤ Statutory guidance delivered by the Government, toall public authorities on the obligations imposed by thegender equality duty.➤ Gender awareness training rolled out to all publicbodies, including local authorities and thosecommissioning services at the local and regionallevels, on the meaning of substantive equality and theobligations imposed by the gender equality duty.➤ All criminal justice agencies should have in placetraining to ensure staff understand their obligationsunder the gender equality duty and have the ability toundertake gender analysis.➤ Monitoring and evaluation mechanisms should be inplace to ensure gender equality policy is translating intopractice.Key targets / indicators of success:➤ All criminal justice agencies and public bodies,including local authorities, will have completedgender impact assessments on all policies, includinga comprehensive needs assessment and follow-upmonitoring and evaluation tools.➤ Gender analysis informs all policies and practice ofgovernment departments, criminal justice agenciesand local authorities.➤ Widespread recognition among staff that genderequality does not mean that women and men mustalways be treated the same but means that womenand men should be treated appropriately according toneed.Page 96

➤The Judiciary and thesenior levels of thelegal profession, thepolice, the CPS, theprison service andthe probation servicewill be broadlyrepresentative of asociety with a balanceof women and menand recognition .of the skills andexperiences of womenThe Commission has a vision of a criminaljustice system which is representative ofsociety with a balance of men and womenin senior positions within the judiciary andthe criminal justice agencies. There will berecognition that an equal representation ofwomen, particularly in high level positions, iscrucial to make a gender responsive system areality, making justice more representative ofsociety and therefore more accessible to alland also ensuring widespread understandingof the different needs of men and women. Theincreased participation of women in public lifeand the emergence of female role models willalso have contributed to the breaking down ofgender roles more generally.“We need to put a great deal of effort intosupporting, mentoring and encouraging people afterappointment or in a few years time, we may well bewondering why those appointed did not progress! ” RecorderPage 97

Institutional change needed:➤ Active promotion of the importance of the participationof women in the Justice sector, especially in seniorpositions.➤ Noticeable shift in outlook of all organisations in theJustice sector, away from the valuing of male-definedskills and experiences to a culture which reflects andvalues the needs, experiences and skills of men andwomen.➤ Criminal justice agencies should take into account theunique needs of female staff in the development ofpolicy.➤ The number of women applying for QC and the poolof applicants for the judiciary substantially increasedthrough outreach, a redefinition of ‘merit’ andacceptance of part-time and flexible working.Key targets / indicators of success:➤ The police service should have doubled the number ofwomen in grades of chief inspector and above (from12 percent to 25 percent).➤ The prison service should have increased theproportion of women in prison officer grades by 50percent (from 25,500 to 38,500) and the proportionof women in governor grades (and equivalent) by 50percent (from 348 to 522).➤ The CPS should have achieved gender balance in legalgrades of level D and above.➤ UK law firms, particularly the top ten firms, should haveincreased their proportion of female partners by 50percent.➤ The number of female judges should have increasedto more than 20 percent in the House of Lords; 25percent in the Court of Appeal; 35 percent in the HighCourt; 35 percent of Circuit Judges and 50 percent ofDistrict Court Judges.➤ Revised definitions of merit and capabilities acrossthe criminal justice system to remove gender biasedrequirements.International good practice - The Canadian JudiciaryThe Supreme Court of Canada has a female ChiefJustice and four out of the nine judges are women,making it the most gender-balanced highest court in theworld.This has been achieved by a three-agency approachby the Government, the Commissioner for FederalJudicial Affairs (FJA) and the judicial profession itself.The Government, in partnership with the FJA, hasactively sought to attract and appoint women to judicialroles. This work has been supported by the efforts ofthe judicial profession to accommodate women andremove barriers that make it difficult for them to excelas compared to their male colleagues, so that they maymore easily join the front ranks of practice from whichjudges are typically drawn. However, the fundamentalchange that has engendered women’s progress hasbeen a different approach to the selection criteria or“merit” principle. The “merit” principle is broken downinto Professional Competencies (where it clearly statesthat a lack of court room experience is not a barrierto appointment) and Personal Characteristics. Theseinclude: an ability to listen, an awareness of racial andgender issues, tact, humility, reliability, tolerance andconsideration of others.Page 98

Appendix ACOMMISSIONERS:Baroness Jean Corston (Chair), Labour Party - Jean wasMember of Parliament for Bristol East from 1992 to 2005and chair of the Parliamentary Labour Party from 2001until stepping down as an MP in 2005. Between 2001 and2005 she was also Chair of the Joint Committee on HumanRights. In 2006-07, she completed a review of vulnerablewomen in the criminal justice system for the Home Office.Colin Allen, Former Governor of Holloway Prison andFormer Prisons Inspector – Colin worked for many years asa prison governor before becoming Deputy Chief Inspectorof Prison for England and Wales in 1989-2002. He joinedthe International Centre for Prison Studies as an Associatein April 2003 and has worked for ICPS on projects in Brazil,Libya and China. He is also a Trustee of the Prison ReformTrust and the Prisoners Advice and Care Trust.Liz Bavidge OBE, Magistrate – Liz co-chaired theWomen’s National Commission from 1995-1997 and wasawarded an OBE in 1997 for services to women. She is anorganisation development consultant, and chairs the FairPlay Partnership specialising in equality and diversity. Lizwas appointed a magistrate in 1979. She chaired the LordChancellor’s Advisory Committee for Calderdale from 1997– 2008.Ruth Bundey, Solicitor, Harrison Bundey Solicitors -Ruth though primarily a criminal defence solicitor hasdeveloped expertise in providing advice, assistance, andrepresentation at Coroner’s Inquests, in particular forfamilies struggling to cope with the death of a relative incustody, whether in a police station or a prison. She is aboard member of INQUEST and a member of Justice forWomen West Yorkshire.Mr Justice Calvert-Smith, High Court Judge – David wasDirector of Public Prosecutions of England and Wales from1998 to 2003 and is now a High Court judge. He was calledto the bar in 1969 and was appointed Queen’s Counsel in1997. He was knighted in 2002 and became a High Courtjudge in 2005.Malcolm Dean, former assistant editor and social affairsleader writer for the Guardian – Malcolm was a member ofthe editorial staff of the Guardian for 37 years and was thefounding editor of Society Guardian 26 years ago, whichhas specialised in covering public services. Between 1996and 2003 he was the editorial representative on the ScottTrust board, the owners of the Guardian and Observernewspapers. He retired from the Guardian in 2006 and isnow a fellow at Nuffield College, Oxford.Lord Navnit Dholakia OBE DL, Liberal Democrats –Navnit is a Deputy Leader and Home Affairs spokespersonof the Liberal Democrats in the House of Lords. He isPresident of Nacro, the crime reduction charity and hasbeen a council member of the Howard League for PenalReform since 1992 and a member of the editorial board ofthe Howard Journal of Criminology. From 1992-1996 healso served as a member of the Ethnic Minority AdvisoryCommittee of the Judicial Studies Board.Deputy Assistant Commissioner Cressida Dick,Metropolitan Police Service – Cressida has undertaken avariety of operational roles in the Met and in Thames ValleyPolice. She has previously been in charge of Cross-Borderand Organised Crime in the MET and has headed theDiversity Directorate, where her responsibilities includeddomestic violence and hate crime.Mrs Justice Linda Dobbs DBE, High Court Judge - Lindais the first person from an ethnic minority to be appointeda judge of the High Court of Justice of England and Wales,a post to which she was appointed in September 2004.She has since been appointed as chair of the MagisterialCommittee of the Judicial Studies Board and is the seniorliaison judge for diversity.Mitch Egan CB, NOMS advisor and former North EastRegional Offender Manager – Mitch began her career asa Prison Officer in 1976, becoming a Governor in 1980,and has held a number of roles within the Home Office andMinistry of Justice. She is a Churchill Fellow of 1993, andspent her Fellowship working with the Polish Prison Service.She recently retired as North East Regional OffenderManager.Professor Liz Kelly CBE, Roddick Chair in ViolenceAgainst Women at London Metropolitan University. Liz isalso Director of the Child and Woman Abuse Studies Unit,Chair of the End Violence Against Women campaign andWomen’s National Commission Commissioner. Liz is alsoinvolved in regular consultancy with the Metropolitan Policeand various government departments, and is an academicPage 99

Appendix ACOMMISSIONERS:adviser to the European Women’s Lobby Action andResearch Centre and to the CPS on their violence againstwomen strategyKaron Monaghan QC Barrister, Matrix Chambers – Karonis a member of the Equal Treatment Advisory Committeeof the JSB. She is regularly instructed by the Equality andHuman Rights Commission. She is a founder member andex Chair of the Discrimination Law Association.Baroness Gillian Shephard, Conservative Party - Gillianentered the House of Lords in June 2005. She waspreviously MP for South West Norfolk from 1987. She hasheld many seats in the Cabinet including Secretary of Statefor Education, from 1994- 1997. She became ShadowLeader of the House of Commons in 1997, then oppositionfront bench spokesman on the environment, transport andthe regions, 1997-1999 and was Deputy Chairman of theConservative Party, 1991-1992 and 2002-2005.Previous Commissioners:Vera Baird QC MP (until 2006)Angela Deal, Head of Prosecution Policy Division, CPS (until2005)Cheryl Gillan MP (until 2004)Heather Hallet DBE, High Court Judge (until 2004)Dr Kate Malleson, LSE (until 2004)Fiona Morton, former Senior Probation Officer (until 2007)Baroness Usha Prashar (until 2005)Hannana Siddiqui, Co-ordinator, Southall Black Sisters (until2004)Anna Southall, Chair, Barrow Cadbury Trust (until 2004)Baroness Vivien Stern (until 2004)Professor Robert Stevens, Barrister (until 2004)Monica Townsend, Assistant Chief Crown Prosecutor(London) (until 2003)Jenny Watson, Chair of the Electoral Commission andformer chair of Equal Opportunities Commission (Vice Chairuntil 2008)Page 100

Annexure BSummary of Recommendations of the CommissionThe Gender Equality Duty• Clear guidance should be issued to local authorities toensure they fully understand their obligations under theGED in relation to the provision of services addressingviolence against women and the provision of servicesfor female offenders and women at risk of offending.• All public bodies should be assessing the needs ofboth women and men and taking action to meet thoseneeds.• Public bodies should be setting themselves pay relatedobjectives that address the causes of any differences inpay between men and women that are related to theirsex.• The Government should develop and implement aneducation and awareness raising campaign in thepublic sector (with a particular emphasis at the localauthorities level) to increase understanding of the needto promote and achieve substantive equality and thepractical implications of the GED.Women Accused or Convicted of CrimeFemale Suspects:• Facilities at police stations, including washing and toiletfacilities, should be clean and available to suspects,particularly prior to court appearances, and hygieneproducts (such as sanitary protection) should be offeredto all female suspects.• All female suspects should have access to a femalemember of staff to discuss needs.• All staff should be trained to deal with women who haveexperienced abuse, including training as to whether itmay be appropriate for the woman to be interviewed bya female officer.• The number of women working as police officers inthe custody area should be increased through use ofthe genuine occupational qualifications exception inrelation to recruitment, training, promotion or transferunder section 7(2) of the Sex Discrimination Act; parttimeworking and job-sharing or others positive actionmeasures such as the special measures under CEDAW.Outsourcing contracts should also stipulate a minimumnumber of female staff per shift.• Nationwide guidance on the procedure whichshould be followed when an individual is arrestedwith dependents should be introduced, includingthe mandatory inclusion of questions relating tocare arrangements for dependents in the initial riskassessment.• Police must be adequately trained in identifying mentalillness and psychiatric assessment schemes at policestations should be funded by health authorities to divertmentally disordered offenders into health and socialcare at their initial stage of contact with the justicesystem.• National Health Service (‘NHS’) standards shouldapply in all police stations and medical staff shouldbe available around-the-clock in every police station(such as a full-time custody nurse). These staff must betrained to deliver professional standards of medical careto female offenders.• The impact of the new conditional cautioning schemefor female offenders should be carefully evaluated andmonitored before being rolled out on a national scale.• Detailed research into women’s experiences of custodyshould be carried out by the Ministry of Justice inpartnership with the Home Office.Female Defendants:Entitlement to Legal Advice:• All suspects should be provided with an informationsheet which sets out their entitlement to legal adviceand custody staff should ensure suspects understandthis entitlement. This information should be available indifferent languages.• Urgent attention should be paid to analysing the lengthof time that suspects have to wait for a Duty Solicitorto attend with a view to this being within two hours ofbeing remanded into custody.• Defence lawyers must make enquiries as to whetherthere is any credible material showing their client mayhave been a victim of trafficking, and support services,such as the Poppy Project, should be involved at anearly stage.Courts and Sentencing:• Courts should provide childcare services and probationstaff or a specially designated member of court staffshould be able to assist the mother with arrangementsfor her children if she is given a custodial sentence.• The new Sentencing Council must be adequatelyresourced and mechanisms put in place to collectPage 101

Annexure BSummary of Recommendationsof the Commissionand analyse information about sentencing practicesincluding the gender and ethnicity of the accused,previous convictions, mitigating circumstances andaggravating factors.• In the short term, the National Offender ManagementService should be tasked with compiling informationwhich is currently available such as offence type andsentencing outcome.• The new Sentencing Council must conduct a thematicreview into female offenders.• A Pre-Sentence Report (PSR) should always beobtained before sentencing a woman offender tocustody. This PSR should be in writing, should includecommunity sentence options for non-violent offencesand an assessment of the impact of incarcerationon any dependents and give an explanation of allsentencing options which were considered includingthose which were not recommended and the reasonswhy.• Judges should be required to give reasons for notfollowing the recommendation in the PSR (if there is arecommendation).• Mandatory report writing training should be rolledout across probation areas to ensure quality andconsistency of reports across areas. The quality of allreports should be monitored at the regional level.• Where a defendant appears to the court to have mentalhealth problems, but does not justify admission tohospital, they should not be remanded or sentenced toimprisonment without a medical report on the impact ofincarceration upon their health.• Sentencers must have sufficient information aboutcommunity drug and mental health services so thatthey do not see custody as the main solution fordetoxification.• Mental health services, particularly psychiatric services,need to be linked more closely into all courts acrossEngland and Wales.• Funding must be ring-fenced for Criminal JusticeLiaison and Diversion Schemes to allow for greaterresourcing, partnership working and publicity in policestations and courts together with clear performancetargets and monitoring by the Department of Health.• The training of judges and magistrates should bethoroughly reviewed to ensure that sentencersunderstand the specific needs of women offenders andthe causes of women’s offending and the effectivenessof existing training should be monitored.• The training provided to Legal Advisers by the JudicialStudies Board should also include training on thespecific needs of women offenders and the harms likelyto result from incarceration.• Judges, sentencers and legal advisers should beencouraged to visit community alternatives in theirarea on at least a bi-annual basis. The Judicial StudiesBoard and the new Sentencing Council shouldwork together to ensure this becomes a mandatoryrequirement for all sentencers.• Research must be conducted into whether the availablerequirements of the Community Order are effectivelymeeting the needs of women offenders and magistratesshould be consulted as part of this research.• The restrictions placed on sentencers for breaches ofcommunity orders should be made more flexible as amatter of urgency.Remand:• Adequate and robust alternatives to remand mustbe made available to the judiciary, such as adequatesingle-sex bail hostel provision which is appropriate forwomen with or without children, intensive supervision,electronic surveillance and transportation to court.• If women are unavoidably placed on remand, this timeshould also be used to properly inform the sentencingprocess through a compulsory assessment of theneeds of each individual woman.• All prisons holding women on remand should also havea fully functioning bail information scheme.Female Offenders:• Criminal Justice Liaison and Diversion Schemes shoulddevelop relationships with teams in female prisons sothat support can be provided to offenders with mentalhealth needs.• Training should be provided to prison staff in relationto mental health needs and qualified mental healthprofessionals should be recruited to provide this trainingand to offer around-the-clock guidance for staff. At thevery least, one trained mental health nurse or socialworker should be on duty at all times.• Public funding must be provided for bereaved familiesto cover legal representation at inquests relating todeaths in state custody and travel, accommodation andsubsistence to attend the inquest. This funding shouldPage 102

not be means tested.• First night in custody initiatives such as that run by thePrison Advice and Care Trust should be introducedacross the female prison estate.• Regular children and family visits should be allowed andthe cost of phone calls from prison should be reducedin line with standard call costs.• Improvements should be made to visiting halls to createa more welcoming environment for children and thebooking system should be improved to allow visits tobe booked online or for the next visit to be bookedduring each visit.• Support should be provided to female offenders toassist them to engage in care proceedings.• Pre-natal and post-natal care for pregnant womenincluding ongoing support to breastfeed whereappropriate, should be available in all women’s prisons.• Prison staff assigned to women who are giving birthshould be made clearly aware of privacy requirementsas well as what food and clothing arrangements areallowed for mother and baby and should ensureprovision is made for this.• Childcare, parent training and counselling and toysand learning materials should be made available in allMother and Baby Units.• A staff camera should be kept in each MBU toallow mothers to take photos of their babies undersupervision. Women should be provided with copies ofthese photos during their time in prison and a disk ofthese photos upon release.• Evidence-based intensive programmes should bedesigned specifically for offenders serving sentencesof less than twelve months by the Department forInnovation, Universities and Skills, the Learning andSkills Council and NOMS in partnership.• A core curriculum of courses should be deliveredthroughout the prison estate and providers should berequired to transfer information about an offender’slearning progress when transfer occurs or upon releaseinto the community.• Female offenders serving life sentences should haveaccess to a range of accredited programmes whichreflect the different learning styles of women and theseshould be accorded the same status as traditional maleaccredited programmes.• Research should be conducted into the distinctneeds of ethnic minority women and their patterns ofoffending.• The use of interpreters and the employment of staffwho speak the languages of ethnic minority womenshould be implemented throughout the female prisonestate. Staff should also be trained in some basicwords from the most common languages.• An urgent review is needed of the complex issuessurrounding foreign national female offenders and anexamination of alternative options to lengthy sentences.• The monthly free call allowance of 5 minutes for foreignnational prisoners should be increased to 20 minutes amonth.• If prison staff become aware, or have a suspicion, thata woman has been a victim of trafficking, she shouldbe referred immediately to support services such as thePoppy Project.• In cases where an appeal against a custodial sentenceon the grounds that an individual has been traffickedis underway, and the individual’s sentence expires,the woman should not be automatically be sent to adetention centre but should be released into the care ofan appropriate support service, pending the outcomeof the appeal.• Staff who work in women’s prisons and probationservices should be trained to address the needs offemale victims of violence, including screening, riskassessment, safety planning and referral to specialistservices.• The probation and prison service should take a leadrole in coordinating the contributions of specialist andvoluntary sector agencies in order to help women dealwith past violence and abuse within the prison systemand funding should be allocated to these programmes.Resettlement:• Women who have children in care as a result of theirprison sentence should be made a priority on thehousing waiting list and should also be eligible to applyfor housing with an appropriate number of bedroomsupon social services confirming the number of children.• Well in advance of release, women should be assistedby prison staff, or voluntary sector agencies shouldbe funded to assist these women, to complete therequired application for benefits.• Women should be provided with sufficient quantitiesof any prescription medication to allow time to registerwith a G.P.Page 103

Annexure B Continued.Summary of Recommendations of the Commission• Gender specific community provision should beavailable to all female defendants and offenders in allparts of the country.Towards Community Provision:• The development of a national network of women-onlycommunity-based centres, which provide a ‘one-stopshop’ for necessary service for women offenders, mustbe prioritised.• Women-only bail hostels, with provision for children tostay with their mothers, should be provided in small,local centres. As a national network of women-onlycommunity centres are developed, considerationshould be given to the provision of accommodationwithin or close to these centres.• Further research should be undertaken by the Ministryof Justice into the feasibility of small custodial units withcapacity for up to 70 prisoners in each county area.• Alongside the pilot at Bronzefield, a pilot of a smallcustodial unit (of approximately 70 prisoners) should betrialled in the Bristol area, working in partnership withEden House.Female Victims of Crime• The Cross-Government Strategy on Violenceagainst Women must be grounded in an equalitiesframework with real commitment from all Governmentdepartments.Support Services:• VAW support services should be available in each localauthority area, including specialist provision for BMEwomen.• A Government commitment should be made to longterm funding for a national network of Rape CrisisCentres.• A Government-funded 24 hour helpline for victims ofsexual violence should be introduced as a matter ofurgency.• All SARCs should be independently evaluated to ensurethey meet the minimum standards set by the HomeOffice and input should be sought from the voluntarysector. This evaluation should cover medical andsupport provision.Reporting / Investigation:• The Government must ensure there is continuedevaluation of the impact of the criminalisation ofbreaches of non-molestation orders, under Section 1 ofthe Domestic Violence Crime and Victims Act 2004, toensure this measure does not have a detrimental effecton reporting rates.• Specific training aimed at frontline staff to changeattitudes towards rape, and improve initial responses towomen reporting and early evidence collection must berolled out across all forces.• A female officer must be made available if requested bya victim.• Funding must be allocated to provide women whodo not speak English as their first language with thenecessary interpretation support by the police.• Guidance should be produced to ensure that victimsunderstand the aim of compiling video evidence.• The Code of Practice for Victims of Crime should beamended to require the police to inform vulnerable orintimidated victims if a defendant has been releasedon bail or had his bail conditions altered before thedefendant leaves the premises of the court.• A national police action plan should be developedwhich sets out minimum standards on rape and sexualviolence which can then be applied and adapted locallythrough priorities and targets for local forces.• The monitoring of police force performance in relationto rape cases must continue. The proposed RapePerformance Group, led by her Majesty’s Inspectorateof Constabulary and the CPS should adopt and buildonthe successful practices of its predecessor, theCross-Criminal Justice System Rape PerformanceGroup.• Data on rape and sexual assault offences, includingreporting and conviction rates, should be maderoutinely available to the public by the Government.• Information should be readily available in relationto how to complain to the IPCC (including how topreserve anonymity as a complainant) and potentialcomplaint outcomes and should be widely available inthe community such as at Citizen Advice Bureaus andvoluntary sector organisations.• The police and CPS should cooperate to ensure victimsare keep fully informed in relation to the investigationprogress and decision to charge.• The CPS should extend an offer of a meeting to a victimPage 104

in circumstances where the Prosecutor has concernsregarding the evidence meeting the evidential test andis therefore minded not to charge, or, subsequently, todiscontinue proceedings.• Area rape coordinators within the CPS shouldcontinually review the quality of decisions to charge inrape cases.• Joint targets for the CPS and the police should bedeveloped to incentivise them to work together anddevelop a national strategy towards rape and otherserious sexual violence offences.The Court Process:• The CPS should actively raise awareness aboutthe range of special measures available andspecial measures meetings should be a mandatoryrequirement.• Where victims have indicated that they have childcareproblems, these cases should not be double-booked orlisted as ‘floating trials’ and every effort should be madeto fix the court date so that childcare arrangements canbe made.• The automatic exemption from mediation as arequirement to access legal aid for women who haveexperienced domestic violence should apply to allwomen who have experienced domestic violenceregardless of whether there have been criminalinvestigations or civil proceedings against a violentpartner in the preceding 12 months.• Barristers and solicitors should be trained, not only inpolicies and procedures, but also in the myths and thelikely trauma that victims may undergo during courtproceedings. This training is especially important forbarristers representing the Crown in sexual violencecases.• Emphasis should also be placed by the CPS onensuring that barristers representing the Crown insexual violence cases have the skills and aptitude topresent such complex cases and appropriate trainingshould be a precondition.• Feedback should be sought from victims andwitnesses so that any concerns regarding the practicalperformance of barristers can be followed up by theCPS.• The necessity of guidance to jurors on the definition ofconsent within the Sexual Offences Act 2003 should bereviewed.• There should be a greater awareness of the Courtof Appeal decision of R v Doody and the applicationand interpretation of this decision should be closelymonitored. In light of the results of this monitoring, theGovernment may need to further consider the use ofexpert testimony.• The CPS, or the criminal justice boards if responsibilityis devolved, should continue to analysis the impact ofSDVCs through data collection and monitoring withineach of the courts.Building the Link – Support, Safety and Justice:• The CPS’ forced marriage pilot should be followedthrough with future work in relation to training and multiagencyworking.• Support for victims of forced marriage and traffickingshould extend beyond the criminal justice system tothe provision of housing, welfare benefits and publiclyfunded services, such as refuges.• Section 9 and Section 12 of the Domestic Violence,Crime and Victims Act 2004 should be implemented asa priority.• Criminal justice agencies should actively refer womenfor support and firm policies should be put in place inthis regard.• Funding for IDVA posts should be continued by localauthorities and funding should not be at the cost ofother services such as refuges.• Funding should be allocated to ensure appropriateresourcing of the ISVA scheme and training which isfocused on the complexities of sexual violence, asdistinct from domestic violence should be developed.• Clear guidance for the ISVA role should be introducedincluding a specific role description, uniform riskassessment procedure and guidance to the Courts andcriminal justice agencies on the role of ISVAs.• There should be an independent audit of MARACprocesses, with priority given to the experiences ofwomen whose cases are presented and to independentwomen’s organisations.• Women, subject to immigration control, who are victimsof violence and abuse, should be made exempt fromthe ‘no recourse to public funds’ rule in order to ensurethat there are not discriminatory responses to womensuffering violence.• The marketing of the Criminal Injuries Compensationscheme should be improved and regular monitoring ofPage 105

Annexure B Continued.Summary of Recommendations of the Commissionthe performance of the Authority should be undertakenby the Ministry of Justice.• The Government should fund a national awarenessraising campaign on rape and sexual violence, similar toawareness raising campaigns in relation to drink driving.• The Department for Children, Families and Schoolsshould ensure that education on consent, respect andsexual violence is a compulsory requirement within theSex and Relationship Education (SRE) curriculum.Female Workers in the Criminal Justice SystemPolice:• All line managers must be trained in responding to theneeds of individuals with childcare obligations.• Women returning from maternity leave must beprovided with appropriate training and flexible workingsupport.• A communication strategy should be developedwithin all police forces to educate staff and officers asto the benefits of initiatives such as flexible working.The option of flexible working should also be activelypromoted among male and female staff.• Research should be conducted into the feasibility ofestablishing a ‘bank’ of skilled officers who could bedeployed nationally to assist in time of staff shortage,due to maternity leave or gaps due to part-timeworking.• A police uniform designed for female officers should beintroduced, in consultation with the British Associationof Women in Policing.• The selection process for promotion to Sergeant shouldbe reviewed to ensure it is not disadvantaging womenor part-time workers.• A review should be conducted on the opportunity forcareer progression and development for police staff inorder to ensure consistency with opportunities availablefor police officers.• Women should be included on the selection panel forspecialist roles.• Fitness tests should be designed according to theactual tasks required for the role.CPS:• An appeal procedure should be put in place to allowemployees to appeal decisions in relation to flexible andpart-time working beyond local managers.• A communications strategy should be developed toensure that flexible working arrangements are carefullymanaged and explained, so that women and menwithout children do not view flexible working as anegative aspect of the workplace.Legal Profession:• Equal pay audits should be conducted by all top tierlaw firms.• Maternity leave or career breaks should not impact oncareer progression.• Flexible working practices should be implemented andpromoted among female and male employees.• The Queen’s Counsel Appointments SelectionCommittee should work with the Judicial AppointmentsCommission to share best practice and methods forincreasing the pool of women applicants.• Equality and diversity training should be madecompulsory for all barristers as part of their continuingprofessional development requirements and amentoring policy, particularly for women who takematernity leave or career breaks, should be adopted byall barristers’ chambers and relevant employers.The Courts and the Judiciary:• Further evaluation should be carried out onadvertisements and outreach events to ensure the JACis reaching its intended audiences.• All Judges, including the senior judiciary, shouldbe trained in equality and diversity. This will requirepartnership working between the JAC and the JudicialStudies Board and should deal with equality anddiversity issues within the judicial workplace as wellas the specific needs of women, both as victims andoffenders.• Fee-paid experience should not be used as essentialcriteria for judicial positions.• Application for the judiciary should also be open toGovernment lawyers which would assist in wideningthe pool of female lawyers, given the high proportion offemale lawyers within the Government Legal Service.• Part-time working should be available to all levels of thejudiciary.Page 106

• Allocation to a particular court location should bediscussed with the individual before a final decision ismade.• Court areas which have introduced all-day sittingallocation should ensure that magistrates with caringresponsibilities are not being disadvantaged.Probation:• The stresses associated with an increased workloadfor probation staff are likely to particularly impact onwomen with caring responsibilities and this should becarefully monitored.• HM Inspectorate of Probation should carry out athematic inspection on gender equality to help pinpointdiscriminatory practices and cultures that femaleemployees experience.Prison:• The number of female staff should be increased throughthe use of the genuine occupational qualificationsexception in relation to recruitment, training, promotionor transfer under section 7(2) of the Sex DiscriminationAct; part-time working and job-sharing; and positiveaction measures (such as the special measures underCEDAW).• The initial residential training requirement for theprison service and development and secondmentopportunities should be carefully evaluated to ensurethey take into account caring responsibilities of staff.• The EHRC should carefully monitor the implementationof the HMPS action plan on sexual harassment, and inparticular whether there has been any real change inpractice in the working culture of HMPS.• Policies also need to be promoted within the maleprison estate to ensure practices of sexual harassmentand discrimination are tackled.Page 107

Endnotes1J. Ann Tickner, “What is yourResearch Program? Some FeministAnswers to International RelationsMethodological Questions,”International Studies Quarterly,2005, Volume 49, p.4.2Jenny Watson, then Chair ofEqual Opportunities Commission,Foreword, Doing your duty: Guideto the Gender Equality Duty,Fawcett Society, July 2006, p.3.3Panel discussion, “Seizingthe Opportunities of CEDAW”conference, Women’s ResourceCentre, London, 24 March 20094H, Dustin, Understanding yourDuty: Report on the GenderEquality Duty and Criminal JusticeSystem, Fawcett Society, July 20065Lady Justice Brenda HaleDBE, Lord of Appeal in Ordinary,Longford Trust Lecture: TheSinners and the Sinned Against, 5December 20056Committee on the Elimination ofDiscrimination against Women,Concluding Observations: UnitedKingdom of Britain and NorthernIreland, Forty-first session,CEDAW/C/GBR/CO/6, 18 July2008, p.67The Howard League forPenal Reform, Weekly PrisonWatch, 2009 Updates, http://www.howardleague.org/index.php?id=7838Bromley Briefings, December2008, op cit.9Questionnaire Response, FemaleOffender, January 200910Bromley Briefings, December2008, op cit.11Ibid.12Questionnaire Response, FemaleOffender, January 200913Ministry of Justice, Arrestsfor Recorded Crime (NotifiableOffences) and the Operation ofCertain Police Powers under PACEEngland and Wales 2006/2007,published July 2008, p.514Questionnaire Response, FemaleOffender, January 200915See discussion J Corston,Corston Report, Home Office, 200716Questionnaire Response, FemaleOffender, December 200817Questionnaire Response, RokaiyaKhan, Together Women Yorkshireand Humberside (TWP), January200918Crown Prosecution Service,Autumn Performance Report 2008,Autumn 200819Questionnaire Response, FemaleOffender, January 200920Ibid.21Questionnaire Response, FemaleOffender, December 200822Questionnaire Response,Anawim, January 200923Questionnaire Response, FemaleMagistrate, March 200924R v O [2008] All ER D 07Sept – as cited in QuestionnaireResponse, Eaves, 5 February 200925Questionnaire Response,Together Women Yorkshire andHumberside, op cit.26Lady Justice Brenda HaleDBE, Lord of Appeal in Ordinary,Longford Trust Lecture: TheSinners and the Sinned Against, 5December 200527Bromley Briefings, December2008, op cit.28Questionnaire Response, Prisonworker, January 200929Statistics on Women and theCriminal Justice System, Ministry ofJustice, January 2009, op cit.30Questionnaire Response, FemaleOffender, January 200931Questionnaire Response, FemaleMagistrate, February 200932G Hunter, I Boyce, L Smith,Criminal Justice Liaison Schemes:A Focus on Women Offenders,Mental Health Briefing, Nacro &King’s College London, September200833For further discussion see Ibid.34Esmee Fairbairn FoundationRethinking Crime & Punishment:The Manifesto, 3 July 2008, p.935http://www.sentencingguidelines.gov.uk/docs/Consultation%20paper%20on%20overarching%20principles%20of%20sentencing.pdf , p.10636S Patel & S Stanley, The Useof the Community Order and theSuspended Sentence Order forWomen, Centre for Crime andJustice Studies, May 200837Questionnaire Response, FemaleMagistrate, February 200938Ibid.39Statistics on Women and theCriminal Justice System, Ministry ofJustice, January 2009 op cit.40Questionnaire Response,Anawim, January 200941Questionnaire Response, FemaleOffender, January 200942Ministry of Justice, “Population inCustody Monthly Tables: February2009, England and Wales”,Statistics Bulletin, 31 March 200943Bromley Briefings, December2008, op cit.44Statistics on Women and theCriminal Justice System, Ministry ofJustice, January 2009 op cit.45The Sozo Project providesspiritual and pastoral support forwomen leaving prison.46Lord Ramsbotham, Women inPrison Question for Short Debate,House of Lord debates, 14 January200947See Prison Service Instruction38/2008 - New Full SearchingArrangements for Women Prisoners48Questionnaire response, FemaleOffender, December 200849Commission on Women and theCriminal Justice System, Womenand the Criminal Justice System,Fawcett Society, 2004, p.4350Ministry of Justice, Deathsin Custody 2008, 1 Jan 2009,http://www.justice.gov.uk/news/newsrelease010109a.htm5136 year old Alison Colk died inHMP Styal on 8 January 200952The Howard League for PenalReform, Briefing for House of LordsDebate on reform of treatment ofwomen in prison, op cit53D. Stewart The Problemsand Needs of Newly SentencedPrisoners: Results from a NationalSurvey, HC584, Ministry of Justice,October 200854www.admin.ox.ac.uk/po/070213%20prison.shtml55HM Chief Inspector of Prisons,Report on an UnannouncedInspection of HMP Styal, 1-5September 200856Questionnaire Response, FemalePrison worker, January 200957Questionnaire Response, WomenPrison Worker, January 200958Inquest, Press Release, InquestDismayed by First Death of aWoman in Prison this Year, 16January 200959Bromley Briefings, December2008, op cit.60Woman quoted in BirthCompanions Annual Report 2007-2008, p.1061For further recommendations inrelation to the children and familiesof prisoners please see Actionfor Prisoners’ Families, CLINKS,Prison Advice & Care Trust andthe Prison Reform Trust, Thechildren and families of prisoners:recommendations for government,parliamentary briefing, 5 December200762Questionnaire Response, Womenin Prison, January 200963Bromley Briefings, December2008, op cit.64Birth Companions, Roundtablediscussion with the Commission,4 March 2009 and QuestionnaireResponse, February 200965Questionnaire Response, FemalePrison worker, December 200866CF v Secretary of State forthe Home Dept - V. Munro,‘From Mothering Behind Bars toParenting Beyond Barriers? TheRight to Family Life & the Politics ofImprisonment’ (2007) 69 AmicusCuriae 6 – 1067Submission by ProfessorVanessa Munro, University ofNottingham, March 200968Action for Prison Families andBirth Companions, RoundtableDiscussion with the Commission, 4March 2009.69Fawcett Society, Women andJustice: Third Annual Review of theCommission on Women and theCriminal Justice System, London,2007, p.1870Thematic report by HMInspectorate of Prisons, Racerelations in prisons: Respondingto adult women from black andminority ethnic backgrounds,March 200971HM Chief Inspector of Prisons,Parallel Worlds: A Thematic Reviewof Race Relations in Prisons,London, 200572Comment by Female ex-prisoner,Questionnaire Response, St GilesTrust, January 200973Questionnaire Response, FemalePrison worker, December 200874HM Prison Service, WomenPrisoners, Prison Service Order4800, Issue No. 297, 28 April2008.75Bromley Briefings, December2008, op cit., p.1576Prison Service Order 4800, opcit.77Questionnaire Response, FemalePrison worker, January 200978Questionnaire Response, FemaleOffender, January 200979Sentencing Guidelines Council &Sentencing Advisory Panel, AnnualReport 2006/7, 2007, pp.15-1680Ibid.81Bromley Briefings, December2008, op cit.82Bradford Rape Crisis & SexualAbuse Survivors Service, AnnualReport – Women’s CounsellingService at HMP & YOI New Hall,April 2007 – March 2008, p.183See for example, Dr JudithRumgay, When Victims BecomeOffenders: In Search of Coherencein Policy and Practice, LondonSchool of Economics, 2004,http://www.fawcettsociety.org.uk/documents/When%20Victims%20Become%20Offenders%20Report%2014.12.04.pdf84Rape Crisis, RoundtableDiscussion with the Commission, 4Page 108

EndnotesMarch 200985Questionnaire Response, St GilesTrust, January 200986Women in Prison, RoundtableDiscussion with the Commission, 4March 200987Social Exclusion Unit, ReducingReoffending by ex-prisoners, Officeof the Deputy Prime Minister, 200288Questionnaire Response,Together Women Project Yorkshireand Humber, December 200889Questionnaire Response, St GilesTrust, January 200990L Gelsthrope, G Sharpe & JRoberts, Provision for WomenOffenders in the Community,Fawcett Society, July 200791Esmee Fairbairn FoundationRethinking Crime & Punishment:The Manifesto, , p.18, op cit92New Economics Foundation,Unlocking Value: How we all benefitfrom investing in alternatives toprison for women offenders, 2008,London93Lorraine Gelsthorpe et al,Provision for Women Offenders inthe Community, London: FawcettSociety, 2007, pp.51-5594Rethinking Crime & Punishment:The Manifesto, op cit., p.17.95MORI, Research Studyconducted for the Fawcett Society,March 200496http://www.smartjustice.org/pr26nov07.html97Probation Office Circular,PC16/2008 – Expanded Use ofFemale Approved Premises, 9October 200898Questionnaire Response,Probation, December 200899Questionnaire Response,Probation, December 2008100Questionnaire Response,Probation, November 2008101See Ministry of Justice,Delivering the GovernmentResponse to the Corston Report:A Progress Report on Meeting theNeeds of Women with ParticularVulnerabilities in the CriminalJustice System, June 2008,pp.12-14102For example, Cornton ValePrison in Scotland underGovernor Sue Brookes .103This report has used theterm ‘victims of crime’ in orderto create consistency with theterminology used in early reportsas well as to indicate that ourconsideration of crime extendsbeyond sexual violence. However,we acknowledge that some womenwho have experienced rape orother forms of sexual violence,may prefer to be referred to as‘survivors’ and where appropriatewe have acknowledged this.104End Violence Against WomenCoalition, Making the Grade?2007: the third annual independentanalysis of Government initiativeson violence against women, EVAW,2008, p5105http://www.endviolenceagainstwomen.org.uk/106Forward, A Statistical Study toEstimate the Prevalence of FemaleGenital Mutilation in England andWales, London, 2007107Questionnaire Response,Anonymous, January 2009108M Coy, L Kelly & J Foord, Mapof Gaps 2: The Postcode Lottery ofViolence Against Women supportservices in Britain, End ViolenceAgainst Women and Equality andHuman Rights Commission, p.38109Questionnaire Response, FemaleVictim of Rape, December 2008110Women’s Resource Centre,Rape Crisis, The Crisis in RapeCrisis: A Survey of Rape Crisis(England and Wales) Centres,March 2008, p. 6111Conservatives, Ending ViolenceAgainst Women, ConservativeStrategy Paper, December 2008112Brittain et al Black & MinorityEthnic Women in the UK,Fawcett Society, 2005113The Crisis in RapeCrisis, op cit., p. 6114Questionnaire Response,Anonymous, January 2009115L Kelly, J Lovett & C Regan,A Gap or a Chasm? Attritionin Reported Rape Cases,Home Office Research Study293, February 2005, p.xii116Metropolitan Police Service,The attrition of rape cases inLondon: A Review, January 2007.117Ibid. Appendix D, Table 6, p.30118Home Office data 2007/08119Questionnaire Response, FemaleVictim of Rape, December 2008120Respect, Roundtable Discussionwith the Commission, 4 March2009121Questionnaire Response, FemaleVictim of Rape, January 2009122Questionnaire Response, FemaleVictim of Rape, December 2008123Questionnaire Response,Anonymous, January 2009124Questionnaire Response, Eaves,February 2009125Questionnaire Response,Metropolitan Police Service worker,December 2008126See comments by John Yates- http://www.guardian.co.uk/commentisfree/2009/mar/26/johnyates-police127Questionnaire Response,Anonymous, January 2009128Questionnaire Response, FemaleVictim of Rape, December 2008129Questionnaire Response,Anonymous, January 2009130http://press.homeoffice.gov.uk/press-releases/New-SARC-incornwal131Questionnaire Response, Eaves,February 2009132Questionnaire Response, Femaleworking in the police, November2008133Rights of Women, RoundtableDiscussion with the Commission,4 March134Questionnaire Response,Anonymous, January 2009135R Wake et al, Public Perceptionsof the Police Complaints System,IPCC Research and StatisticsSeries: Paper 6, January 2007,www.ipcc.gov.uk136Questionnaire Response, FemaleVictim of Rape, January 2009137End Violence Against WomenCoalition, Making the Grade?2007: the third annual independentanalysis of Government initiativeson violence against women, EVAW,2008, pp.32-34138CPS, Strategy and BusinessPlan 2008-2011, May 2008, CPS139CPS, Violence against Women:Strategy and Action Plans, Equalityand Diversity Unit, April 2008, p.5140Ibid. p.11.141Questionnaire Response,Anonymous , January 2009142Questionnaire Response,Anonymous, January 2009143Questionnaire Response,Anonymous, January 2009144Questionnaire Response, FemaleVictim of Rape, December 2008145Questionnaire Response, FemaleVictim of Rape, January 2009146See http://www.cps.gov.uk/publications/agencies/rape_protocol.html147Government Equalities Office,Tackling Violence Against Women:A Cross-Government Narrative,April 2008.148CPS: Domestic violencemonitoring snapshot: casesfinalised in December 2006 CPS2007149Questionnaire Response, Eaves,February 2009150M Coy, L Kelly & J Foord, Mapof Gaps 2: The Postcode Lottery ofViolence Against Women supportservices in Britain, End ViolenceAgainst Women and Equality andHuman Rights Commission, p.53151Her Majesty’s Court Service,Home Office, Criminal JusticeService, Specialist DomesticViolence Courts Review 2007-08,Justice with Safety, March 2008,p.4, http://www.crimereduction.homeoffice.gov.uk/dv/dv018a.pdf1522007-2008 CPS Total Convictionrate153CPS, Violence against WomenCrime Report 2007-2008,Management Information Branch,December 2008.154Ibid.155CPS, CPS Pilot on forcedmarriage and so-called ‘honour’crime – findings, December 2008156CPS, Recommendations onfuture work on forced marriageand so-called ‘honour’ crime,December 2008157http://press.homeoffice.gov.uk/press-releases/government-ratifiesconvention158Map of Gaps 2 op cit.159Questionnaire Response, Eaves,February 2009160Questionnaire Response, Eaves,February 2009161CPS, Violence against WomenCrime Report 2007-2008, op cit.162Rights of Women, RoundtableDiscussion with the Commission, 4March 2009163Questionnaire Response, Eaves,February 2009164Questionnaire Response,Anonymous, January 2009165Questionnaire Response,Anonymous, January 2009166Government Equalities Office,Tackling Violence Against Women:A Cross-Government Narrative,April 2008.167Questionnaire Response, VictimSupport, February 2009168Questionnaire Response, FemaleVictim of Rape, January 2009.169Questionnaire Response, VictimSupport, February 2009170Questionnaire Response,Anonymous, January 2009171Questionnaire Response, Eaves,February 2009172Questionnaire Response,Recorder, February 2009173Submission by ProfessorVanessa Munro, University ofNottingham, March 2009174[2007] EWCACrim 256, [2007]All ER (D) 412 (Mar) at [39]175Submission by ProfessorVanessa Munro, University ofNottingham, March 2009. Seealso V. Munro & L. Kelly, ‘A ViciousCycle? Attrition & ConvictionPatterns in Contemporary RapePage 109

EndnotesTrials in England & Wales’ inClosing the Gap: ChallengingThinking About Rape [Willian,forthcoming] ; L. Ellison & V.Munro, ‘Turning Mirrors intoWindows? Assessing the Impactof (Mock) Juror Education in RapeTrials’ (2009) British Journal ofCriminology, forthcoming176R v Doody [2008] EWCA Crim2394177Questionnaire Response,Anonymous, January 2009178Ministry of Justice, EarlyEvaluation of the DomesticViolence, Crime and Victims Act2004, Aug 2008179Questionnaire Response, FemaleVictim of Rape, January 2009180Questionnaire Response,January 2009181National Domestic ViolenceDelivery Plan, Annual ProgressReport 2007/08, October 2008,p.6.182WRC Funding to LondonWomen’s Refuges: Report toLondon Councils 2007 Women’sResource Centre.183House of Commons Committeeof Public Accounts, CompensatingVictims of Violent Crime, Fifty-fourthReport of Session 2007-08, 20November 2008, p.3184Ibid. p.5.185Amnesty UK, ‘Sexual AssaultSummary Report’ ICM, 2005186London Student Survey, surveyconducted by Opinionpanel Ltdbetween 11 and 12 February2009, www.london-student.net/2009/02/16/asking-for-it187Home Office, Violence AgainstWomen Opinion Polling, February2009, Ipsos Mori, http://www.homeoffice.gov.uk/documents/violence-against-women-poll188The Rt Hon Lady Justice ArdenDBE, “Address to the Associationof Women Barristers’ AnnualGeneral Meeting, 3 June 2008189For a detailed discussion ofdepictions of Lady Justice seeDennis Curtis & Judith Resnik,“Images of Justice,” The YaleLaw Journal, Volume 96, 1987,pp.1727-1772.190Article 3, CEDAW and see Article3 ICCPR “the equal right of menand women to the enjoyment of allcivil and political rights . . .”191Questionnaire Response, FemaleJudge, February 2009192Swanee Hunt “”The critical roleof women waging peace” ColumbiaJournal of Transnational Law, Vol41(3), 2003, p.562193Questionnaire Response, Police,December 2008194Police Service Strength, Englandand Wales, 31 st March 2008. op cit.195Statistics on Women and theCriminal Justice System, January2009, Ministry of Justice op cit.196http://www.bawp.org/197Questionnaire Response, Police,December 2008198Questionnaire Response, Police,December 2008199Questionnaire Response,Probation, December 2008200Questionnaire Response, Police,November 2008201As suggested by Janet Astley.See A report into the perspectivesheld by women officers as toopportunities for progression andpromotion within West MerciaConstabulary, York St JohnUniversity, February 2007202Questionnaire Response, Police,December 2008205See research conducted byJanet Astley – A report into theperspectives held by womenofficers, op cit., February 2007,p.21206Liz Owsley, National Coordinatorfor British Association for Womenin Policing and Janet Astley, SeniorLecturer, York St John University,Commission meeting, 11 February2009207 Ibid.208Janet Astley, Senior Lecturer,York St John University,Commission meeting, 11 February2009209Questionnaire Response, Police,December 2008210Questionnaire Response, Police,December 2008211Questionnaire Response, Police,November 2008212Questionnaire Response,Metropolitan Police Service,December 2008213Questionnaire Response, SeniorCrown Prosecutor, CPS, December2008214http://www.opportunitynow.org.uk/best_practice/exemplar_employers/training_and_development/case_studies/crown_pros_service.html223Ibid.224Reena SenGupta, “Diversityin the City”, Financial Times, 17October 2008, p.41225http://nds.coi.gov.uk/imagelibrary/detail.asp?MediaDetailsID=265784226Bar Council Records office, 2007227“Unpublished research confirmsbar earnings divide,” 5 March 2009,http://www.lawgazette.co.uk/news/unpublished-research-confirmsbar-earnings-divide228Bar Council Equality andDiversity Committees Exit Surveyfor Barristers Changing PracticeStatus Report, prepared for the BarCouncil by ERS Market Research,2005229Questionnaire Response,Recorder, February 2009230Entry to the Bar WorkingParty, Final Report, November2007, http://cms.barcouncil.rroom.net/assets/documents/FinalReportNeuberger.pdf231Lady Brenda Hale quoted inMegan Lane “Why are there so fewwomen judges?” BBC Online NewsMagazine, 12 January 2004, www.news.bbc.co.uk232The Rt Hon Lady Justice ArdenDBE, ‘Address to the Associationof Women Barristers’ AnnualGeneral Meeting, 3 June 2008233Judicial Office Statistics, April2008 - http://www.judiciary.gov.uk/keyfacts/statistics/women.htm234Equality and Human RightsCommission, Sex and Power 2008,September 2008235http://www.judiciary.gov.uk/keyfacts/statistics/women.htm236Figures from speech by the RtHon Lady Justice Arden DBE, Ibid.237Judicial AppointmentsCommission, “High Court – RecordNumber of Women Judges”, PressRelease, 6 October 2008238Speech by the Lord ChiefJustice of England and Wales,“Equality in Justice Day,” RoyalCourts of Justice, 24 October 2008239Questionnaire Response, FemaleJudge, February 2009240Questionnaire Response, FemaleJudge, January 2009.241Questionnaire Response, FemaleRecorder, April 2009242Judicial Studies Board, Strategy2007-11, Nov 2007, p.16243Professor Dame Hazel GennDBE, QC, The Attractiveness ofSenior Judicial Appointments toHighly Qualified Practitioners:Report to the Judicial ExecutiveBoard, Directorate of JudicialOffices for England and Wales,December 2008, p.22244Ibid.p.23245Ibid. p.23246Questionnaire Response, FemaleJudge, February 2009247Judicial AppointmentsCommission, Supplementaryinformation for evidence sessionto the Fawcett Commission onWomen in the Criminal JusticeSystem, Wednesday 11th February2009248Questionnaire Response, FemaleJudge, February 2009249Questionnaire Response, FemaleJudge, February 2009250Questionnaire Response, FemaleJudge, February 2009251The Attractiveness of SeniorJudicial Appointments op cit. p.23260Questionnaire Response,Probation, December 2008261Questionnaire Response,Women Prison Worker, December2008262HM Prison Service, Establishingan Appropriate Staff Gender Mixin Establishments, Prison ServiceOrder 8005, Issued 30 May 2001,updated 13 October 2008263Questionnaire Response,Women Prison Worker, January2009264Questionnaire Response,Women Prison Worker, January2009265Clinks, Directors of OffenderManagement, Members Briefing,20 February 2009266R Garside & N Groombridge,Criminal Justice Resources:staffing and workloads and initialassessment, Centre for Crime andJustice Studies, King’s College,December 2008, p.12267Questionnaire Response,Women Prison Worker, January2009268Questionnaire Response,Women Prison Worker, January2009269Questionnaire Response,Women Prison Worker, January2009270Questionnaire Response,Women Prison Worker, December2008Page 110

About FawcettThe Fawcett Society is the UK’s leading campaign for gender equality. When individualwomen are able to realise their potential, the benefits will be felt across society.The Fawcett Society makes a difference by campaigning for legislative change,influencing practice, and empowering women and men to affect change at agrassroots level.We campaign for:Economic rights:women’s right to fair pay and fair treatment in the workplacePolitical rights:women’s right to a powerful voice in decision makingSocial rights:women and men to break free from stereotypesBodily rights:women’s freedom from violence, harassment and objectificationFor more information on Fawcett and our work visit www.fawcettsociety.org.ukFawcett Society1-3 Berry streetLondon EC1V 0AATel: 020 7253 2598Fax: 020 7253 2599Email: info@fawcettsociety.org.ukPage 111