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The justice system inWales – does it workfor women?Plaid Cymru has consistently called for devolutionof the justice system for years, and continues todo so. What are the main reasons for this? OurTreasurer, Sioned James, has trained as abarrister, and outlines the main arguments here.The subject of justice doesn’t seem to enter the general public psyche in the same wayas matters such as the education system or the health system, despite its deep flaws.Calls to have decisions on justice to be made in Wales are becoming louder.Justice in Wales is particularly rough to BAME people, disabled people and LGBT people,and space should be made to unravel the state of the current system, fraught withinequality. Here are 3 ways in which the justice system is letting women down and whatPlaid Cymru can do to address them.1.Justice for survivorsIn the year ending March 2019, there were 58,657 allegations of rape, yet there were only1,925 rape convictions. Since 2016, the number of cases prosecuted by the CPS has fallenby 52 per cent. This is despite a 43 per cent increase in the number of rape allegationsmade to the police.More than a quarter of women in Wales have suffered domestic abuse on more thanone occasion, including physical, sexual and psychological violence. From the CrownProsecution Service and the way that they take on cases, to the function of the courtswhich causes delays and for litigants to have to represent themselves, to the supportand services available to victims and survivors. The status quo is not fit for purpose.There are things that Plaid Cymru can do at Westminster. We can call for a DomesticAbusers Register. We can ensure that recent legislation and guidance on stalking isimplemented properly across Wales so that those who suffer from stalking can feelcomfortable in reporting their concerns, that these will be recorded, and action taken.By commissioning victim support services, emotional and practical help can be offeredto victims of domestic abuse to help them recover from their experience, and to supportthem to achieve the best possible outcome through the criminal justice system.Finally, under the current powers model, Plaid Cymru in the Senedd push for counsellingservices to be available and well-funded as victims of rape can suffer from cooccurringissues relating to mental health and drug and alcohol abuse, especially due toself-medication.2
2.Cycles of abuse and traumaThere is significant evidence about the prevalence of a wide range of mental healthproblems afflicting many vulnerable women caught up in the criminal justice system.Those that have suffered from Adverse Childhood Experiences (ACEs) such as traumaand abusive relationships are more likely to be imprisoned at some point in their life.Over half the women in prison have suffered domestic violence with 53% reportinghaving experienced emotional, physical or sexual abuse as a child.Devolving justice to Wales could help us break the cycle by uniting our health and socialservices with our justice policy. What Plaid Cymru can do is to use a preventativeapproach drawn from across health, criminal justice, education and other settings totackle ACEs as they occur and possible criminal behaviour that leads from this. Earlyintervention is key.Through the work of our Police and Crime Commissioners, Plaid Cymru have alreadymade strides in this area by launching a 3-year Early Intervention Fund, This supportsNorth Wales Police’s preventative agenda of addressing adverse childhood experiencesas an underlying cause of crime.3.The prison systemWomen in prison system are more likely than men to serve shorter sentences. In 2016,74% of all women convicted were sentenced for less than 6 months. Nevertheless, shorttermsentences often bring considerable chaos and disruption to the lives of womenand their families. One consequence is that women who complete short-term sentencesare more likely to re-offend than those sentenced to a court order. Women are alsooverwhelmingly sent to prison for theft rather than violent offences. Often, they steal tofeed their children or to support a partner’s drug habit.Prison should be the last option for non-violent crimes, rather than the default option.With a devolved justice system Plaid Cymru can use suspended sentences, throughschemes such as Checkpoint Cymru, for those women who are charged with nonviolentcrimes, reducing the disruption caused to them and their family. A policy basedon prevention, early intervention and is multidisciplinary can be more effective thanrelying on short custodial sentences that offer limited opportunities for rehabilitation.All Welsh female prisoners are held in one of the twelve women’s prisons in England. Thisoften results in the separation of young children from their mothers, making family visitsdifficult. Where a prison sentence is appropriate for a woman, we should support adedicated, small prison or secure centres for female prisoners in Wales, to ensureaccess to family support networks.You don’t need to look very far for clues as to why our justice system isn’t working. Between2010 and 2016 the Ministry of Justice was required to implement budget cuts of over one third.Court budgets were slashed and the number of Magistrates’ courts reduced from 330 to 150.We’re stuck in a UK formula which holds no regard for the role that justice, and access tojustice has on our society. Exceptionally, good practice can be pointed to on the ground thanksto Plaid Cymru’s Police and Crime Commissioners. Wales has the ability, the skill and the ideas.We must now push for the powers.3
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