TREATMENT OF WOMEN IN THE CRIMINAL JUSTICE SYSTEM

For an overview of information about the treatment of women in the Criminal Justice System (CJS), we would recommend checking out the charity, Women in Prison. Women in Prison have a lot of useful research and information on the experiences of women in the CJS. We would also recommend adding the following books to your reading list:

GENDER AND ETHNICITY IN THE CRIMINAL JUSTICE SYSTEM

Research shows that women who are Black, Asian and Minority Ethnic (BAME) are disproportionately and negatively affected in their experience of the criminal justice system (CJS). It is vital that the distinct needs of BAME women, who constitute a disproportionate percentage of women in prison compared to the general UK population, be addressed. 

Whilst unfortunately it remains a relatively under-researched and under-reported area, two helpful reports have been published, ‘Double Disadvantage’ and ‘Counted Out.’ These reports provide information about where the disparities are, they give BAME women in the CJS a voice, and demonstrate what changes we need to keep fighting for.

DOUBLE DISADVANTAGE

Charity organisations, Women in Prison and Agenda, published a report entitled “Double Disadvantage”. The put together the report, they ran focus groups in prison and in the community to amplify the voices of women about their personal experience of court, prison, and release. The report therefore consists largely of quotes from the women responding to questions about their firsthand experiences of the CJS. Topics covered include legal advice, jury verdicts, sentencing, prison, resettlement and impact on family.

The report is full of insights and anecdotes demonstrating the widespread experience of racial prejudice and profiling at every stage of the justice system. Here is one of the many examples cited:

‘Women reported that officers were more likely to disband groups of women talking together if they were black or Asian. Additionally, that Black women felt they were stereotyped as ‘loud and aggressive’ and that mental health issues were more likely to be classed as ‘anger management’ if you were Black: 

“I think they [the officers] should have more cultural awareness training because [...] they are still going on with the same old 'if black people are loud they are aggressive', if we're huddling together, we're in gangs”

The four key themes which emerged from the focus groups were that:

  • “women did not feel their voices and stories had been heard in court proceedings and were confused over process;

  • women felt that prejudices and subconscious ethnic or racial bias can affect jury assumptions and sentencing decisions;

  • the impact of their sentences on their family is extensive and far-reaching;

  • and language and lack of translators can be a significant barrier throughout a woman’s experience of the criminal justice system if they do not speak English fluently.”

The report concludes with a list of 11 recommendations about how to “ensure fairness and perceived fairness” in the CJS. 

COUNTED OUT

In August of the same year, Prison Reform Trust published a report entitled “Counted Out” (2017). It similarly highlights “the overlooked inequalities” experienced by BAME women in the CJS. 

The title refers partly to the ways in which ethnicity and race are counted out of the information published on the prison population, resulting in a “limited range of published statistics and survey evidence”. Using the little information available on the subject, Prison Reform Trust “lays bare real disparities”: 

  • “Black women are more likely than other women to be remanded or sentenced to custody.

  • Black women are more likely to be sole parents so their imprisonment has particular implications for children.

  • Women from minority ethnic groups are more likely to plead not guilty in the Crown Court, leaving them open to potentially harsher sentencing.

  • Women from minority ethnic groups feel less safe in custody and have less access to mental health support, according to surveys by HM Inspectorate of Prisons (HMIP).

  • Women from minority ethnic groups experience racial and religious discrimination in prison from other prisoners and from staff, according to surveys by HMIP.

  • Some women from minority ethnic groups are also foreign nationals and may be subject to immigration control and face language and cultural barriers.

  • Asian and Muslim women may experience particularly acute stigma from their own communities.

  • There are very few specialist organisations working with women from minority ethnic groups in the criminal justice system”

KEY FACTS 

Women in Prison keep an updated record of the latest statistics about women affected by the CJS on their website. The section below is about BAME women specifically, who:

  • “comprise 11.9% of the women’s general population in England and Wales, but 20% of the women’s prison population.

  • Within this, some groups of women are particularly overrepresented, most notably Black or Black British women who make up 8.9% of the female prison population, compared to 3% of the general population in England and Wales.

  • Muslim women are disproportionately represented forming almost 6% of the overall female estate and over 35% of the BAME women's prison population.”

It is vital that the distinct needs of BAME women, who constitute a disproportionate percentage of women in prison compared to the general UK population, be addressed. 

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