Birth Companions has written to the Ministry of Justice to express concern about the tone of the Sentencing Bill announcement this week.
While we welcome many of the elements set out in the Bill, in line with the recommendations of the Independent Sentencing Review’s final report, the nature of the announcement was troubling. The rhetoric used risks undermining the government’s work to improve the situation of women affected by the criminal justice system, as well as stoking the already febrile and racist discourse on immigration.
David Gauke’s Independent Sentencing Review report made clear and repeated references to the potential the proposed reforms offered for significantly reducing the number of women held in prison, and better addressing the root causes of offending. He also made several comments about the value of more flexible sentencing options and enhanced community support services in better meeting the needs of needs of pregnant women and mothers of young children – something the Lord Chancellor recognised in her statement to the house on the day of the Review’s publication: “I am particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future.”
On this basis, and given the huge amount of work being done by the Women’s Justice Board and the Partnership Delivery Group, it was disappointing to see no mention of women in this week’s announcement. With this omission, the announcement’s emphasis on punishment is harmful to the public’s understanding of the distinctive nature of women’s criminalisation, which evidence shows is so often rooted in poverty, trauma, abuse and exploitation. The tone of this briefing marks a return to the narratives of the past, which have contributed to the specific risks for women within this system.
As has been highlighted by other groups recently, with our support, the immediate deportation of foreign nationals who offend is a huge concern for vulnerable women whose offending may be linked to trafficking, coercion, control and abuse. Lack of specific reference to the the distinctive situations of women, coupled with the use of terms like “having their bed and board in prison covered by taxpayers” fuels dangerous and racist rhetoric, which impacts more widely not only on the safety of immigrants but of racially minoritised women across the country.
We recognise the pressure on the government to retain a tough stance on crime, and applaud the commitment to protecting victims. However, this announcement does not reflect effective approaches to reducing women’s offending, or seek to build the public understanding that will be necessary to support the government’s approach in this area. Rhetoric of this kind hinders, rather than helps the reform that is so necessary to keep women safe and end cycles of offending. We urge the department to think carefully on this when planning further communications during the passage of this Bill.
