Engendering Justice - from Policy to Practice - The Fawcett Society

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