'We have no awareness of what they actually do': Magistrates' knowledge of and confidence in community sentences for women offenders in England and Wales

In its Strategic Objectives for Female Offenders (2013) the Coalition government reiterated its support for robust and effective sentencing options that enable the majority of non-violent women offenders to be punished in the community. While a laudable ambition, this strategy will only be successful if sentencers are aware of (and support) the options available to achieve this goal. Considering government policy in relation to current levels of awareness among the magistracy, this article explores the factors that influence sentencing decisions for women. Highlighting reservations about the suitability of community provision, it also reveals the lack of information and training that magistrates receive on this issue. While there is certainly a willingness to learn and consider more creative options when sentencing women, it is clear that better knowledge of the offender and the options available are needed. Drawing on empirical research conducted with 168 magistrates in England and Wales, this article concludes with a number of practical avenues for improved communication, advocated by magistrates themselves. With many unaware of strategic direction on this issue, the implications for policy and practice are obvious

Who are these youths? Language in the service of policy

In the 1990s policy relating to children and young people who offend developed as a result of the interplay of political imperatives and populist demands. The ‘responsibilisation’ of young offenders and the ‘no excuses’ culture of youth justice have been ‘marketed’ through a discourse which evidences linguistic changes. This article focuses on one particular area of policy change, that relating to the prosecutorial decision, to show how particular images of children were both reflected and constructed through a changing selection of words to describe the non-adult suspect and offender. In such minutiae of discourse can be found not only the signifiers of public attitudinal and policy change but also the means by which undesirable policy developments can be challenged

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

Conflict, compromise and collusion: dilemmas for psychosocially-oriented practitioners in the mental health system

The nature and causes of mental health problems are contested. The dominant approach in services views them as ‘illnesses like any other’. The structure, legislative base and practices of mainstream mental health services are largely predicated on this idea, known variously as the medical, illness, disease or diagnostic model. By contrast, psychosocial theories highlight the role of the events and circumstances of peoples’ lives. The tension between these two approaches can lead to challenges and dilemmas for psychosocially oriented practitioners. Clinical psychologists participated in interviews and a focus group about these challenges and how they managed them. A grounded theory was constructed which suggested that their responses took three forms: openly ‘dissenting’ (conflict), strategically ‘stepping into’ the medical model (compromise), or inadvertently ‘slipping’ into it (colluding). Strategies for managing the challenges included focusing on clients; foregrounding clients’ contexts and understandings; holding the tension between ‘expert’ and ‘not-knowing’ approaches; using ordinary language; forging robust working relationships; being mindful of difference and of constraints on colleagues; recognising one’s power and ability to influence; self-care and work/life balance; taking encouragement from small changes; consolidating a personal philosophy; mutual support and solidarity; drawing on scholarship and finally engaging in activism outside work

Sentencing Women in the Transformed Probation Landscape

In 2013 the government promised that new reforms would ‘deliver better outcomes for women offenders’ (Ministry of Justice, 2013b, p.16). This was a bold statement and a laudable ambition. However, this strategy – called and aimed at Transforming Rehabilitation - will only be successful if sentencers are aware of (and support) the options that new providers put in place to achieve its goals. This chapter considers current levels of awareness of the new reforms among magistrates. Highlighting reservations about the suitability of community provision, and a lack of awareness about developments under Transforming Rehabilitation, it emphasises the lack of information that magistrates receive on this issue. Supplementing the findings of a recent research project conducted with 168 magistrates (see Birkett, 2016), this chapter provides a post-Transforming Rehabilitation ‘update’, drawing on 24 semi-structured interviews and a survey of 86 magistrates sitting across England and Wales. As such, it places particular focus on developments that followed the implementation of the Offender Rehabilitation Act 2014, the legislative measures underpinning the government’s flagship Transforming Rehabilitation policy agenda

Governing Young People: coherence and contradiction in contemporary youth justice

This article explores the burgeoning literature on modes and layers of governance and applies it to the complex of contemporary youth justice reform. Globalized neo-liberal processes of responsibilization and risk management coupled with traditional neo-conservative authoritarian strategies have dominated the political landscape. However, they also have to work alongside or within ‘new’ conceptions of social inclusion, partnership, restoration and moralization. These apparently contradictory strategies open up the possibility of multiple localized translations rather than an often assumed dominance of a uniform ‘culture of control’. The ensuing hybridity also suggests that any coherence within contemporary youth justice relies on continual negotiations between opposing, yet overlapping, discursive practices

Case management and Think First completion

“The final, definitive version of this article has been published in the Journal, Probation Journal, Vol 53 Issue 3, 2006, Copyright The Trade Union and Professional Association for Family Court and Probation Staff, by SAGE Publications Ltd at: http://prb.sagepub.com/ " DOI: 10.1177/0264550506066771This article considers the findings of a small-scale study of the practice of case managers supervising offenders required to attend the Think First Group. It explores the interface between one-to-one and group-based work within multi-modal programmes of supervision and seeks to identify those practices that support individuals in completing a group.Peer reviewe

Sociological stalking? Methods, ethics and power in longitudinal criminological research

Scholarship on criminal careers and desistance from crime employing longitudinal methodologies has paid scant attention to sociological and anthropological debates regarding epistemology, reflexivity and researcher positionality. This is surprising in light of a recent phenomenological turn in desistance research wherein (former) lawbreakers’ identity, reflexivity, and self-understanding have become central preoccupations. In this article I interrogate aspects of the methodological ‘underside’ (Gelsthorpe, 2007) of qualitative longitudinal research with criminalised women through an examination of the surveillant position of the researcher. Focusing on methods, ethics and power, I examine some contradictions of feminist concerns to ‘give women voice’ in research involving re-tracing an over-surveilled and highly stigmatised population. I reflect on the effects of researcher positionality through a conceptualisation of re-tracing methods as, at worst, a form of sociological stalking

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

Gender norms in Portuguese college sudents' judgments in familial homicides: bad men and mad women

The gender of the offender has been proved to be an important factor in judicial sentencing. In this study, we analyze the judgments of College students regarding perpetrators of familial homicides to evaluate the presence of these gender norms and biases in the larger society. The sample included 303 college students (54.8% female) enrolled in several social sciences and engineering courses. Participants were asked to read 12 vignettes based on real crimes taken from Portuguese newspapers. Half were related to infanticide, and half were related to intimate partner homicide. The sex of the offender was orthogonally manipulated to the type of crime. The results show that gender had an important impact on sentences, with males being more harshly penalized by reasons of perversity and women less penalized by reason of mental disorders. In addition, filicide was more heavily penalized than was intimate partner homicide. The results also revealed a tendency toward a retributive conception of punishment. We discuss how gender norms in justice seem to be embedded in society as well as the need for intervention against the punitive tendency of this population