Women

The New Women's Prison Estate in Scotland

In August 2022, the Bella Centre, the first part of the new women's prison estate was opened. We issued the following statement to mark this: 

"10 years after publication of the Angiolini Report, the Bella Centre in Dundee is finally open. It provides places for 16 women and has been described as “the first facility of its type in the UK … taking a gender-specific and trauma informed approach to better prepare women for reintegration back into their communities”. In non-Government speak, it acknowledges that the majority of women who enter our prisons do so for short periods of time, carrying with them the scars of serious abuse and mental ill-health. With no bars on the windows and no high perimeter walls, the new centre is designed to be an unapologetic part of the local landscape, where women can feel and be seen as citizens, rather than social outcasts.

The new women’s strategy which underpins this bold approach is encouraging: each woman will have an individualised support plan that she’s devised alongside her own personal officer based on her own strengths and needs. This will take place in a therapeutic environment where any mental health issues are identified and acted upon; where the needs of any children are paramount; where setbacks are expected rather than punished; and where women have space “to heal”. We believe there’s a lot to like about this reimagining of the women’s estate, if it really is a cultural change based on a completely different rulebook. However, women should not need to go to prison for therapy. Support should also be accessible in the community, and not dependent on being convicted of a crime.

For the majority of people whose personal or professional lives don’t touch the criminal justice system, telling them that there are currently 294 women in custody in Scotland often comes as a huge surprise. Most imagine that there would be many more than that – perhaps into the thousands – and therefore see it as ‘good news’ that the figure is so low. In some ways it is good news, with the number of women receiving a custodial sentence decreasing significantly in the past 10 years. Historically, of course, overall offending rates amongst women are much lower than those of men, and patterns of offending tend to be a lesser threat to public safety. The (extremely) bad news, however, is that 32% are being held on remand, with 70% of them unlikely to go on to receive a custodial sentence.

This visionary approach must therefore apply to all women in custody in Scotland, not just the very few – circa 14% of the total women’s prison population - who have been assessed as low-risk and nearing the end of their sentence, and who will be housed in the Bella Centre and the similarly sized Lilias Centre in Glasgow. (The remainder will, clearly, continue to be held in prisons built primarily for men.) Only then will we get a good enough answer to SPS’s own question of self-evaluation, “how good is our care of women in custody?”."

Mental Welfare Commission Report: Women and Mental Ill-Health

On 8 July 2021, the Mental Welfare Commission published a report entitled,‘Concerns About the Care of Women with Mental Ill-Health in Prison in Scotland: An Analysis of the Records of Nine Women in Custody’. It reviewed the records of nine women who received mental health care in prison custody in Scotland between 2017 and early 2020 in response to a a report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) in October 20191 about their visit to police and prison premises in Scotland in October 2018. The CPT had raised serious concerns about the wellbeing of women with mental ill health in HMP YOI Cornton Vale, particularly about delays in accessing inpatient treatment, and about women with personality disorder not being eligible for transfer to a psychiatric hospital.

International Women's Day

On International Women’s Day we think of the almost 400 women who are currently detained in Scottish prisons.

News released today by SPS shows images of a new smaller prison for women to be opened in 2020. Scotland has a history of trying to be innovative in regards to women’s imprisonment. Yet the failure of these innovations is also an inescapable part of Scotland’s contemporary prison history, as self-harm and suicide have continued inside the prison, and women’s poverty and social exclusion continue to be entrenched by having been imprisoned. And despite efforts, over the last 40 years we have witnessed the steadily increasing number of women imprisoned in Scotland. But there are lessons in failure that can help us re-think the future of women's penal policy so that it can meet the demands of social justice.

We welcome that the new prison will hold around 20 women. HLS firmly believe that the social and rehabilitative value of small prisons far outstrips the expedient value of economies of scale of larger prisons. But real penal reform and innovation will not be found in a small scale expansion of the women’s prison estate, but through decarceration. We hope that this new prison is a development in that direction. Scottish government should formally commit to reducing the size of the women’s prison population to at least half of what it currently is. With public and political backing, Scotland can take this opportunity to be a world leader in social justice and penal reform by radically cutting the number of females in custody.

However, if we do reduce the prison infrastructure to hold less than 200 women and girls (which would be half the current number), how can the government guarantee against overcrowding? While the recent plans in the Management of Offenders (Scotland) Bill make provisions to extend electronic monitoring which can alleviate prisoner numbers, as HLS recently wrote, this brings with it other risks to citizenship and community life. We should not lose sight that social justice is not only about imprisoning better, but imprisoning less.

Blueprint for Reform

If we are to reduce the numbers of women being sent to prison in Scotland, there is no better place to start than the recommendations of the report of the Commission on Women Offenders (CWO). In particular, we would like to see immediate action taken in the following areas.

1.A new approach to the imprisonment of women
In line with the CWO report’s recommendation, we must aspire to reserving prison for the small number of women in Scotland who need to be imprisoned for reasons of public protection. As we understand it, approximately 18% of women in prison today are subject to high levels of supervision. Based on a female prison population of 400, this would equate to around 70 women. This figure should be at the forefront of our thinking regarding the development of the female prison estate. The decision to cancel the new prison for women would be entirely negated if the Scottish Government were to make provision for the same number of custodial places for women, albeit in a different configuration. The aspiration must be to divert low-level female offenders away from the criminal justice system wherever possible, and channel those convicted of low-level offences towards non-custodial community-based services.

The size of any future custodial or community-based units for female offenders should not be determined by the number of women required for the operation of a meaningful set of programmes or interventions. The size of units should instead be determined by what is required to meet the needs of those women.

Clearly, there is some way to travel before we arrive at that point, so we must redouble efforts to stem the inflow of women into the criminal justice system and into prison.

2. Reducing the use of remand
Everyday in Scotland there are a quarter of women in prison on remand. We know what a catastrophic impact even a short spell on remand can have on a woman’s life. The economic and social costs of using prison in this way are vast. Even a few weeks on remand can see a woman lose her home, her possessions, her job and even custody of her children. It can sometimes take years for women to regain custody, with the concomitant costs to the public purse that this brings. Critically, however, the majority of women who serve a period on remand are not given a custodial sentence, making the use of remand even more unjust and unjustifiable.

Ensuring that bail supervision schemes are made available consistently across Scotland was a recommendation in the CWO report. We were greatly troubled to learn that only four women (and four men) across the whole of Glasgow were placed on supervised bail in 2014. Previous use of supervised bail suggests that changed judicial behaviour and encouraging results are possible.

Further, recent reforms to the Bail Act in England and Wales have seen to it that accused persons cannot be remanded into custody where there is no real prospect of a prison sentence on conviction. There is already evidence to suggest that this is beginning to have an impact on the numbers of prisoners on remand and this might be an initiative worthy of consideration here in Scotland.

3.Reducing the use of short term sentences
Given that three quarters of women in prison receive custodial sentences of less than six months, there must be a renewed effort to divert these women from prison. We understand that an evaluation of the impact of the presumption against sentences of less than three months is due to be published later this year and HLS hopes this evaluation will inform any future proposals to increase the scope of the presumption.

4. Sustainable resourcing of community-based services
HLS was pleased that Cabinet Secretary Matheson has allocated a further £1.5m to projects tackling female offending, although we understand that this is not continuation funding for existing projects. We are of the view that there must be long term, sustainable funding of community-based services by the Scottish Government. Drip-feeding community-based services for offenders on a one or two-yearly cycle is wholly inadequate if we are to see an increase in the use of these services.

The uncertainty generated by short term funding cycles has many serious consequences. The timescales within which they have to demonstrate positive outcomes are often unrealistic. On the other hand, we know that prison – particularly short-term sentences - does not work to reduce reoffending, yet we continue to fund the prison estate to the detriment of community justice. The uncertainty impacts on staff turnover and morale, which in turn impacts on the service users themselves. Crucially, sentencers too must be able to have confidence in these services and a sense that they have a lifespan of more than a few years.

We are aware that a number of projects focused on tackling the needs of female offenders funded by the Scottish Government were asked to demonstrate that they could sustain themselves after that funding had come to an end. However, local authority finances are also under immense pressure, so it is increasingly challenging for these services to find alternate means of sustaining themselves.

Conversely, the Scottish Prison Service can rely on the knowledge that it will be funded year-on-year with all the benefits that that certainty brings in terms of being able to plan ahead, invest in and develop staff, offer services etc. No such luxury exists for most of those offering services for female offenders in the community.

Of course, it is not just funding for community justice centres that matters, but also projects that seek to divert women away from the criminal justice system and other pots of money that fall outwith the justice portfolio, e.g. housing, health, education. Tackling the problem of homelessness amongst this vulnerable group of women is vital. For instance, only 18 of the 153 women who have used the services offered by Tomorrow’s Women have their own tenancies.

5. Tackling breach of orders
We know from the Scottish Government’s own analysis that female offenders are more likely than their male counterparts to breach orders due to their more chaotic lifestyles, and that this often results in a custodial sentence. We must not set these women up to fail, particularly when the ultimate, and frequent, sanction for a breach is imprisonment. At a round table discussion in 2012 between SWGWO and the SCCCJ, it was noted that

“…if judges built relapse strategies into CPOs, this would help avoid the simple progression of relapse from a CPO straight into a custodial sentence. A threshold of gravity in relation to the offence should be made known to the sentencer to assist with decisions – statistics broken down by summary/solemn offences leading to custodial sentences, for example. Thus, if a woman was known to be well above the threshold of gravity it would be easier to avoid a custodial sentence at the lower threshold. If more information about alternatives to custody is made known, then there may be other non-custodial sentences which could be used. The more that this type of information is made available to judges, the better the opportunity will be to impact on the numbers of women prisoners without compromising judicial independence. This should be a judicial training issue.”

Experience of DTTOs is helpful in demonstrating the sort of judicial approach which would be more effective. Sentencers did not expect miracles, rather they recognised effort and progress. It marked a new way of working for most of them but it allowed such sentences to succeed in the longer-term, despite short-term offending, relapses and setbacks.

6. Electronic monitoring (EM)
In Denmark, 60% of all custodial sentences of under six months are converted into sentences of EM and intensive supervision. Denmark is a country with a similar sized population to Scotland but its prison population is only 4,000. In Belgium, any prison sentence imposed of less than three years is automatically commuted to electronic tagging. Perhaps there is scope to consider greater use of EM in Scotland, albeit with proper community-based support.

7. Appointment of an Independent Monitor
The CWO report noted the lack of strategic leadership on this issue and suggested that an independent non-executive member of the SPS Board be given a specific remit for women offenders “championing and driving through change”. With the benefit of hindsight, and given the way in which this agenda has developed since the publication of the report, we believe that it would be better for the Scottish Government to appoint an individual to oversee the implementation of all the report’s recommendations, not only those that relate to the prison estate. Such an individual should be truly independent, without any ‘baggage’ or affiliations.

8. Shifting the balance from custody to community
Much of the activity outlined above will require significant investment. We know that when there is a high quality, viable community-based service for women (and men), sentencers will use it. We cannot simply blame sentencers for falling back on imprisonment when the alternatives are more precariously funded and they cannot be certain of the service’s longevity.

The CWO did indeed talk about a change in the use of existing resources – a point made by Cabinet Secretary Matheson in response to a question in Parliament from Alison McInnes MSP the day after the announcement regarding HMP Inverclyde. The question therefore is what we regard as ‘existing resources’. This leads us back to the central argument we continually make not only about the response to female offending, but to offending behaviour in general. Until there is a substantial rebalancing of resources away from custody to community-based responses to offenders and those at risk of becoming caught up in the criminal justice system, it is hard to see how we will make significant inroads into the size of the prison population.

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