Alternatives to custodial remand for women in the criminal justice system: a multi-sector approach

Throughout the world, women involved in criminal justice systems often present with substantial needs and vulnerabilities. Diverting vulnerable people away from prison is government policy in England and Wales, but full psychiatric and social assessments are expensive and hard to access. A screening and quick response initiative ‐ alternatives to custodial remand for women (ACRW) ‐ was implemented across three areas of London (West, South and East) to supplement existing court liaison and diversion services, to assess the feasibility of a supplementary custodial remand service as part of a women's specialist service pathway in the criminal justice system in England. Three mental health trusts and two voluntary sector providers offered this service enhancement – a screening and service link provision in three London boroughs between 2012 and 2014. We conducted a service evaluation using routinely collected service use record data. The service made 809 contacts, of whom 104 had contact on multiple occasions. Many were identified as at risk of self‐harm (46%) or had histories of hospital admission for mental disorder (36%), but few were referred either to the liaison and diversion service or specialist mental health services. The largest group of referrals was to women's community services outside the health service (e.g. counselling, domestic violence or sexual abuse services). 180 women had dependent children and 22 were pregnant, increasing the urgency to find non‐custodial alternatives. As well as confirming high levels of need amongst women entering the criminal justice system, this evaluation confirms the feasibility of working across sectors in this field, providing an extra layer of service that can complement existing liaison and diversion service provision. The service was responsive and most women using it were kept out of custody. Research is now required to understand the appropriateness of the referrals, the extent to which women follow them through and the impact on their mental health and desistance from offending

Professional decision making and women offenders : containing the chaos?

This article draws on the findings from research undertaken in south-east Scotland in 2008 which sought to identify the characteristics of female offenders and to document the views of policy makers and practitioners regarding the experiences of women involved in the Scottish criminal justice system. Despite Scotland having retained a stronger 'welfare' focus than elsewhere in the UK (e.g. McAra, 2008), this is not reflected in the treatment of women who offend, with the rate of female imprisonment having almost doubled in the last ten years and community based disposals falling short of a welfare-oriented system. This article explores why the treatment that women offenders receive in the criminal justice system may be harsh and disproportionate both in relation to their offending and in relation to the treatment of men. It is argued that interventions with women need to be initiated earlier in their cycle of offending and at an earlier stage in the criminal justice process but also that the wide-ranging health, welfare, financial and behavioural needs of women who offend cannot be met solely within an increasingly risk-averse and punitive criminal justice environment

'Keeping busy' as agency in early desistance

Agency in desistance research has often been understood as deliberate action undertaken in pursuit of a desisting identity. Through a micro-longitudinal approach, this research focuses on the early desistance experiences of a number of mainly white British female participants. Agency was exhibited not with a new identity in mind, but instead through 'keeping busy'. The surprising lack of identity concerns may be due to the early stages of the participants' desistance experiences, with new identities emerging later in the process. Alternatively, it may indicate a fundamental difference to the classic desistance narrative, linked to the differences between this sample and the frequently researched, Western, male, high-frequency offender. Finally, important aspects of the cultures surrounding desistance research may have shaped the narratives of desisters and the biases of researchers towards finding a concern for identity when this is not necessarily experienced in the everyday lives of desisters

Social work and the penal state

The Criminal Justice System (CJS) has historically been a key site of social work intervention. Wacquant (2008, 2009a and 2009b) argues that the growth of social insecurity and the expansion of the penal state are endogenous features of the neo-liberal political project. The key premises of neo-liberalism have been accepted by parties of both the left and the right. Wacquant identifies that the “doxa” of the penal state such as “prison works” “zero tolerance” and “broken windows” have been widely accepted in an uncritical fashion. This shift alongside an increase in inequality had led to increasing social anxiety and mistrust. One manifestation of these trends is the “decline of the rehabilitative ideal” (Garland, 2001). Offenders, who were once generally viewed as marginalised individuals in need of social and welfare support are now regarded as sites of risk. The USA has led a penal arms race, in which, the use of imprisonment has grown significantly. In Europe, England and Wales has followed this trend most closely. Whilst acknowledging that penal policy is the result of a complex inter-relationship between social, cultural and historical factors, there are lessons to be learnt from the US experience. These include the impact of race and class inequalities as manifest in the CJS. The act of imprisonment is arguably an act of state violence and alongside the impact on individuals, communities and families, it has huge symbolic significance and value. The expansion of the penal state: the increasing numbers, poor conditions and the over-representation of minority groups mean that it should be a core social work concern. The paper outlines the ways, in which, risk and managerialism have sidelined core social work values in the CJS. It concludes that developments in the USA, particularly the decision in Brown v. Plata highlight a way out of the current impasse. Penal policy and conditions can only be reformed if the inherent dignity of offenders is rediscovered and placed at its centre

Working with female offenders in restorative justice frameworks: Effective and ethical practice

Despite a recent increase in restorative justice practice in the criminal justice system, to date there has been no in-depth consideration of the impact of gender in these settings. This paper presents findings from a unique qualitative study on female offenders’ experiences of restorative conferencing in England and Wales, drawing on interviews with practitioners who have worked with female cases, as well as with women who have gone through a restorative justice conference in a perpetrator capacity. Gender specific factors, suggested to be especially valuable for practitioners to consider when delivering effective and ethical restorative conferences with female offenders, are outlined

Restorative justice with female offenders: The neglected role of gender in restorative conferencing

This article presents findings from a new qualitative study into female offenders’ experiences of restorative conferencing in England and Wales. It is argued that gendered factors of crime and victimization have a definite impact on the restorative conference process, particularly in the areas of complex and interacting needs, differently natured conference engagements, and risks around shame, mental health, and stereotypical ideals of female behavior. For women to reap the full benefits of restorative justice, it is argued that the particular needs and circumstances of female offenders must not only be acknowledged, but also incorporated into the field and mainstreamed into practice

Women's secure hospital care pathways in practice: a qualitative analysis of clinicians views in England and Wales

BACKGROUND: In England and Wales women form a small but significant group within the wider, largely male, secure hospital population. Secure hospitals are designed to assess and treat individuals with both mental health problems and significant criminal behaviour. The theoretical approach to the care of secure hospital women is increasingly informed by a grasp of gender-specific issues. However, there is a lack of evidence on the adequacy of current structures and processes of care delivery. METHODS: This qualitative study explores the nature and quality of care pathways for women in low and medium secure hospital beds by eliciting participants' views of factors enhancing or impeding care. Beds are publicly funded and provided either by the National Health Service (NHS) or the Independent Sector (IS). Participants from both sectors were local experts (40 Consultant Psychiatrists, 7 Service Managers) who were well placed to describe their immediate health environment. RESULTS: Evidence from the study indicates that participants were focused on the physical relocation of women to less secure conditions, even though many women do not readily achieve this.Participants were alert to potential conflicts between ideal care and affordable care. Ideal care was compromised by the absence of suitable local services (beds or community placements), curtailed episodes of care and changes of care team. It was promoted by an awareness of the specific needs of women, continuity of care and support for teams unfamiliar with women's needs. CONCLUSION: Future service design must address these challenges in care delivery, incorporating a better understanding of and response to the ways the system can echo women's experiences of trauma and their negative attachment histories. Specifically, critical transitions in care must not be allowed to further reinforce the discontinuity, failure and rejection experienced by individual women earlier in their lives

Women, resettlement and desistance

With the numbers of women imprisoned increasing across Western jurisdictions over the last 15 or so years, so too have the numbers of women returning to the community following a period in custody. Despite increasing policy attention in the UK and elsewhere to prisoner resettlement, women’s experiences on release from prison have received limited empirical and policy attention. Drawing upon interviews with women leaving prison in Victoria, Australia, this article discusses the resettlement challenges faced by the women and highlights their similarity to the experiences of women leaving prison in other jurisdictions. Women had mixed (and predominantly negative) experiences and views of accessing services and supports following release, though experiences of parole supervision by community corrections officers were often positive, especially if women felt valued and supported by workers who demonstrated genuine concern. Analysis of factors associated with further offending and with desistance, points to the critical role of flexible, tailored and women-centred post-release support building, and, where possible, upon relationships established with women while they are still in prison

Morality tales: young women's narratives on offending, self-worth and desistance

This article emerges from a study of female offenders’ participation in police-facilitated restorative justice in one county in England. The qualitative study, presented here, is based on life history interviews with twelve women and focuses on three morality tales that emerged through narrative analysis: ‘offending as play,’ ‘the strong woman’ and ‘work and a normal life.’ The women used these tales to protect self-worth and justify ‘bad’ behavior in order to counter professional responses which they viewed as stigmatising. The paper concludes with implications for practice with girls and women who offend, which may benefit police, probation and social workers