The new Police, Crime, Sentencing and Courts Act - will this lead to less women going to prison?

The Government is currently planning to implement changes to sentencing guidelines for people who are convicted of offences and given custodial sentences of 12 months or less. The new Police, Crime, Sentencing and Courts Bill was introduced to Parliament earlier this month and makes a presumption that sentences of less than 12 months, received for low level offences, would be suspended for some female offenders. This suggests that those convicted would serve their sentences in the community. When women with children are sent to prison, this can have a devastating impact on the family. The children can often be separated and lose any sense of stability, which can significantly affect their mental health, have a negative impact on their school outcomes and chances of employment, while simultaneously increasing the chances they will develop alcohol or drug addiction or end up in prison themselves. Whilst more community sentences for women offenders is generally welcomed, there is major concern from prison campaigners and women’s charities that the bill is not transparent enough on how it will implement these changes. As the Bill has a punitive rather than rehabilitative approach and there is concern that implementation will actually result in tougher and longer sentences. Black, Asian and minority ethic women receive disproportionately higher custodial sentences and are twice as likely to be arrested compared to white women. The lack of consultation with the VAWG (Violence Against Women and Girls) groups and organisations is alarming as this was an opportunity to use relevant evidence to inform decision-making for women involved in the criminal justice system. Evidence shows that community sentences are better at reducing re-offending, have less impact on mental health of the offenders and their family and can mean they keep employment and housing arrangements in place. The national charity Women in Prison state that community sentences allow those convicted to address the causes of why they committed offences and support them to stop. The Anawim Birmingham Centre for Women said in 2021 that “by allowing women to serve sentences in the community, she can address the root causes that brought her into contact with the criminal Justice system, breaking the cycle.” Women prisoners are often the victim of serious offences themselves, with over half of female prisoners reporting having suffered domestic violence in their life with 53% having reported physical, emotional or sexual abuse as a child (Prison Reform Trust, 2023).The new sentencing Bill is the direct response to the need to ease prison overcrowding, which often leads to violence and ill health of prisoners. Our prisons are currently at maximum capacity, and re-offending rates are at an all-time high. Prison does not seem to be deterrent so if we want less crime we must adopt a different approach and start addressing the root cause of crime. This can only start when we stop sending women who commit nonviolent offences to prison.