Women offenders: after the Corston Report - United Kingdom ...
Women offenders: after the Corston Report - United Kingdom ...
Women offenders: after the Corston Report - United Kingdom ...
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56 <strong>Women</strong> <strong>offenders</strong>: <strong>after</strong> <strong>the</strong> <strong>Corston</strong> <strong>Report</strong>are doing much more of <strong>the</strong> same sort of thing, and we will not have quite this linearapproach [to sentencing] [...] However, it could go <strong>the</strong> o<strong>the</strong>r way: if you also have <strong>the</strong>rehabilitative element, it could lead [sentencers] to say that <strong>the</strong>re is not <strong>the</strong> harm in acustodial sentence because you have <strong>the</strong> o<strong>the</strong>r work going on as well.” The additionalelement of supervision also increases <strong>the</strong> opportunity to breach which could fur<strong>the</strong>r drivegrowth in <strong>the</strong> female prison population. 286142. As we noted in chapter 3, whilst <strong>the</strong> national women’s team was in existence <strong>the</strong>re wasa focus on raising <strong>the</strong> complex and distinct needs profile of women <strong>offenders</strong> with criminaljustice boards and sentencers. 287 Our witnesses believed that a strategic approach toengagement between sentencers and probation providers—a role that is currently fulfilledby Probation Trusts—will continue to be required, not least because sentencers must havefaith in any new provider and <strong>the</strong> interventions <strong>the</strong>y provide. 288143. The Government’s proposals for Transforming Rehabilitation have clearly beendesigned to deal with male <strong>offenders</strong>. Funding arrangements for provision for womenappear to be being shoehorned into <strong>the</strong> payment by results programme, resulting in <strong>the</strong>likelihood of a loss of funding for broader provision encompassing both women <strong>offenders</strong>and those with particular vulnerabilities that put <strong>the</strong>m at risk of offending. In addition,<strong>the</strong> risk of sentencers using short prison sentences as a gateway to support undermines <strong>the</strong>post-<strong>Corston</strong> direction of travel in reducing <strong>the</strong> use of custody for women, and doesnothing to mitigate <strong>the</strong> detrimental impact of short sentences on women, <strong>the</strong>ir familiesand <strong>the</strong> likelihood of reducing re-offending. If <strong>the</strong> Transforming Rehabiltation reformsare to work, improvement of information to sentencers about <strong>the</strong> alternatives tocustody, which we have repeatedly called for, must take place. In that context <strong>the</strong>remust be clarity about responsibility for that effective liaison with sentencers to raise <strong>the</strong>awareness of <strong>the</strong> judiciary about <strong>the</strong> range of available interventions, which hashi<strong>the</strong>rto been vested in probation trusts.Realising <strong>the</strong> broader social benefits of a distinct approach for women144. Respondents to <strong>the</strong> Government’s consultation observed that “paying by results acrossa cohort of <strong>offenders</strong> would lead providers to develop homogeneous services that fail torecognise <strong>the</strong> requirements of some <strong>offenders</strong> with complex needs or particular protectedcharacteristics.” 289 Some suggested that services for women <strong>offenders</strong> especially should besubject to specific commissioning arrangements. A range of alternative commissioningarrangements were proposed by our witnesses. Clive Martin suggested that ano<strong>the</strong>r optionwould be to hive off commissioning for women <strong>offenders</strong>: “[...] <strong>the</strong>re is a distinctionbetween national commissioning for <strong>the</strong> whole estate as it is proposed in <strong>the</strong> rehabilitationrevolution-and, as a result of that national commissioning, some service or o<strong>the</strong>r getsdevolved locally for women-compared with maintaining a national commissioning modelfor women separate to <strong>the</strong> general commissioning model”. 290 O<strong>the</strong>rs favoured joint local286 Q 225. See also Q 139 [Ms Lyon]287 Ev 120288 Q 210 [Ms Rijnenberg], Ev w45289 Ministry of Justice, Transforming Rehabilitation: Summary of Responses, 2013, p 16290 Q 160. See also Ev w104