Women offenders: after the Corston Report - United Kingdom ...

24 Women offenders: after the Corston Report3 Enhancing provision in the communityThe sentencing framework and sentencing practice52. Baroness Corston did not recommend a separate sentencing framework for women butbelieved that the question should be re-considered in the light of early experience of thegender equality duty. The existing sentencing framework is gender-neutral, but allowscourts to take into account individual circumstances which may reflect gender roles orcharacteristics. For example, being the sole or primary carer for dependent relatives, orhaving a high level of mental health needs, are personal mitigating factors in somesentencing guidelines. The Corston Report did conclude however that more was needed byway of alternative sanctions and disposals for women offenders.53. Baroness Corston expressed in her report a wish to see “fundamental re-thinking”about the way vulnerable women are treated in the criminal justice system. She advocated awoman-centred approach, believing that vulnerable women must be supported by societyto establish themselves in the community, and concluded that more should be done toaddress issues connected with women’s offending before imprisonment becomes a seriousoption, including through the provision of mental health and substance misuse services.Consequently, one of our terms of reference was to examine the volume, range, quality andsustainability of community provision for female offenders. The Government wishes thenew Advisory Board to “take a creative, innovative look at the scope, within existingfinancial constraints, for improved sentencing options that combine a sufficiently punitiveelement with rehabilitative support [...] as an alternative to the use of short custodialsentences, [...] [and to explore] how we could use current community options, such asApproved Premises, more effectively”. 106Use of custody for women54. Baroness Corston believed that the majority of women who received custodialsentences could be dealt with more effectively in the community. She explained to us theprolonged damage that could be caused during such sentences, which she considered futile:“[...] for the generality of women and their children, it teaches them nothing because thereis not the time with these short sentences. A 28-day sentence is kind of a norm. That is longenough to lose your home and your children.” 10755. There are some recent indications that the overall female population has begun to fall,and that there has been a sizeable decrease in the volume of female receptions into custody,but witnesses were frustrated at the pace of change. It should also be noted that theproportion of women sentenced to custody that were given a sentence of 12 months or lesshas risen slightly from 51% in 2007 to 54% in 2012. 108106 Ministry of Justice, Strategic objectives for female offenders, March 2005, p 5107 Q 17108 Ministry of Justice, Offender management statistics, prison receptions table 5