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Michele BurmanUniversity of Glasgow

Clinical Forum: Prison. SPS College Polmont , 26th March 2013

Women in Crime

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Overview• Patterns of female offending

– The picture in Scotland – ‘The Drivers of Female Imprisonment’

• Characteristics of female offenders, particularly those who are incarcerated

• Challenges of working with women who are in the criminal justice system

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Universal truths about female offenders I

• Commit (much) less crime than men– in Scotland, account for approx 18 % of crimes

and offences overall) (& approx 13% of crime by under 21yr olds)

• Outnumbered by men in all major crime categories – Lower involvement in serious violence, criminal

damage and professional crime• Women tend to commit a different range of

offences from men• Typically relatively minor offences

– More likely to commit more acquisitive offences and property-related offences than anything else

– 32% of women arrested in E and W in 2005/06 were for theft and handling stolen goods

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Universal truths about female offenders II

• Pose less ‘risk’ to public

• Fewer previous convictions

• ‘Criminal careers’ shorter, truncated

– Onset of offending = 13 males, 14 females – Peak age of offending = 18 for males, 15 for

females – By age 17, males outnumber female offenders by

ratio of 3:1

• Rate of persistence lower than males

• Desistance a marked feature

see: Burman, 2004; Gelsthorpe and Sharpe, 2006; 2009; McIvor,2004; Sheehan et al 2007

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Routes into offending

• Financial Pressures– The feminisation of poverty

• Addictions – Especially substance misuse)

• Emotional pressures/coercions (often from partners) – Prostitution; Dealing;

• Consumer pressures (often from dependents)

• Gaining respect from peers • Risk-taking/excitement

– Especially for young women (‘having a laugh’)

(see, Batchelor, 2007; Burman and Batchelor 2009. Malloch 2004; Chesney Lind and Pasko 2004)

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International Picture • Rates of female offending fairly constant • Numbers convicted have not increased

• But numbers directly sentenced to imprisonment and remanded into custody have increased dramatically

In many countries, incl. Australia, Barbados, Bolivia, Colombia, England and Wales, Kenya,

Kyrgyzstan, Mexico, New Zealand, Scotland, and USA, the female prison population has

increased at a faster rate than the male prison population (Walmsley, 2012)

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Women and prison in Scotland• Longstanding policy concern

• Unsuccessful attempts to reduce female prison population– A Safer Way (1998); A Better Way (2002)

• Creation of more prison beds for women .....

• ‘Dismal and depressing’ HMIP reports.....

• Increasing policy concern about consequences– overcrowding– ineffectiveness of short sentences– damaging effects of imprisonment on women and their

families

Commission on Women Offenders

www.sccjr.ac.ukThe Drivers of Female

Imprisonment• 2011-2012 average daily female prison population 8% to 468

• Females currently constitute 6% of prison population – Feb 2001 = 230 (3.8%); May 2006 = 365; June 2010 = 435

• Since 2000, female imprisonment shown sharpest rate of growth – almost doubled - comparative increase amongst male population of

25%– average daily women’s prison population 106% (Scottish

Government, 2011)

• Increases in direct sentence and remand – number of women remanded to custody almost doubled from 1999-

2001 to 2008-09 (from 1,176 to 2,338)– only around 30% of women on remand go on to receive a custodial

sentence

(see, McIvor and Burman, 2011)

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Average daily female population in penal establishments by type of custody 1999-2009

1999-0 2000-1 2001-2 2002-3 2003-4 2004-5 2005-6 2006-7 2007-8 2008-90

50

100

150

200

250

300

350

400

450

remanded sentenced total

Growing daily female prison population (210 413 )

Sentenced (156 280) Remand (54 133)

www.sccjr.ac.ukFemale direct sentenced receptions by length of sentence

1999-2009

1999-0 2000-1 2001-2 2002-3 2003-4 2004-5 2005-6 2006-7 2007-8 2008-9150

170

190

210

230

250

270

290

Average sentence

Increasing length of custodial sentence imposed228 days 271 days

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0

20

40

60

80

100

120

140

1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

Ave

rag

e d

aily

po

pu

lati

on

6 months - less than 2 years

4 years or over (excluding life)

2 years - less than 4 years

Less than 6 months

Life/Section 205/206 sentences

Female Prison population by sentence length: 1999-00 to 2009-10

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Key conclusions from 10yr review

• No evidence that more women are coming into contact with the criminal justice system

• No evidence that women are committing more serious offences

• Courts are increasingly likely to imprison women for a range of offences and for a longer sentence length

• Increased punitiveness most evident in relation to ‘older‘ age groups (30 years +)

Continuing upward trend …….

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Reasons for increased imprisonment?

• increased number of (older) repeat offenders

• increase as result of efficiency changes to the courts/ CJS– e.g. increased

sentencing powers, bail and legal aid reforms

• Risk/needs confusions – gendered perceptions of

women’s ‘needs’ and the way that this can work against some women as well as in their favour

• increased unemployment and marginalization of women

• reflection of wider social problems (alcohol/drugs)

• ‘rolling back’ of welfare state provisions

• prison as ‘social service’

• community sanctions seen as ‘inappropriate’

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Characteristics of females in prison

Limited life opportunities – social exclusion– lack of support– absence of relationships– family breakdown – limited education/work

skills

Financially constrained – poverty– care responsibilities– accommodation needs

Childhood experiences of institutional care

Backgrounds of abuse– sexual and violent

victimisation– risky sexual lives

Health difficulties– poor physical health– addictions (drugs and

alcohol)– mental health– self- harming

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Health needs assessmentsee: Plugge et al 2006, Univ of Oxford

• Women in custody 5 x more likely to have a mental health concern than women in general population

• 78% exhibiting psychological disturbance on reception, – compared with 15% for general adult female

population.

• 58% had used drugs daily in the six months before prison

• 75% had taken an illicit drug in those six months. – crack cocaine, heroin, cannabis and benziodiazepines

most widely used drugs

• 42% drank alcohol in excess of government guidelines prior to imprisonment.– Comparable figure for general adult female population

is 22%

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Self harm – the norm?

• High levels of self-harm

• Persistent and severe self-mutilation

• Stems from deep-rooted and long-term complex life experiences – E.g. violence, sexual

victimisation and lack of care

• Implications for prison staff– E.g. lack of training; lack

of understanding of motivation for harming

See, Plugge et al 2006; Corston 2007)

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Mothers and Children Appropriate and adequate provisions?

Contact? Health care? Loss of children?Effects of separation?

(see Murray and. Farrington. 2008; Convery and Moore, 2011)

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Complex life circumstances

• High rates of mental illness• Backgrounds of victimisation • Self harm• Aggressive tendencies• Learning difficulties /disabilities • Suicide risk (esp. young women) • Run aways

……….Highlights need for gender sensitive approaches

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Young Women: the Forgotten Few?

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Health needs assessment for young women in YOIs (Plugge, 2008)

• 41% had been adopted or in foster care• 9 out of 10 had left education by age 17• 71% had some level of psychiatric disturbance• over one-third (36%) had self-harmed the last

month • most (82%) had used illegal drugs in previous

6mths 26% had ˂ 3 sexual partners in past year (15%

used condoms) 23%had been diagnosed with an STI and 1 in 10

had been paid for sex

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Bangkok Rules

“Alternative ways of managing women who commit offences, such as diversionary measures and pre trial and sentencing alternatives, shall be implemented wherever appropriate and possible” (Rule 58)

Need for services/resources that are:–community-based–gender sensitive–trauma-informed–designed to meet women’s diverse needs

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Imprisonment, human rights, social justice

• Prison systems and prison regimes are almost invariably designed for the majority male prison population– from the architecture of prisons, to security procedures, to facilities for

healthcare, family contact, work and training.

• Prisons tend not to meet the needs of women prisoners, and women in prison are affected by imprisonment in a particularly harsh way.

• Concerns to maintain the legitimacy of the CJS, reduce imprisonment for both women (and men), respond to women’s distinctive needs + support children of imprisoned parents at the same time

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What Works for Women and Girls ? • What works for women

doesn’t necessarily work for men

• Age and gender sensitivity

• Holistic approach

• Address complexity• Flexible

• Practical life skills

• Motivated, trained staff

• Focus on building relationships

• Mentoring

• Trauma-informed

• Positive pathways out of offending

• Strengths-based see, Batchelor & Burman, 2004;; McIvor 2004; Carlen, 2001; Chesney-Lind et al,

2001; Gelsthorpe, Sharp and Roberts 2007).

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In conclusion …..• Growing numbers …..• Risks posed relatively slight ….• Multiplicity of need ….• Social realities from which young female offenders

come and to which they will return …..

• Can prisons ever be suitable places for the

vulnerable women who are placed there?

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References• Batchelor, S. ( 2005) 2005) 'Prove me the bam!': victimization and agency in the lives

of young women who commit violent offences. Probation Journal, 52 (4)• Burman, M. and Batchelor, S. ( 2009) ‘Between two stools? Responding to Young

Women who Offend’ Youth Justice 9(3) • Carlen, P. and Worrall, A. (2004) Analysing Women’s Imprisonment Cullompton,

Devon: Willan• Commission on Women Offenders ( 2012) Report of the Commission on Women

Offenders http://www.scotland.gov.uk/Resource/0039/00391828.pdf• Convery, U. and Moore,L (2011). ‘Children of imprisoned parents and their problems’,

in P. Scharff-Smith and L. Gampell, eds. Children of imprisoned parents. Denmark: Jes Ellehauge Hansen.

• Corston Report ( 2007) Report of a Review of women with particular vulnerabilities in the criminal justice system London: Home Office

• Loucks, N., Malloch, M, McIvor, G. and Gelsthorpe, L. (2006) Evaluation of the 218 Centre Edinburgh Scottish Executive

• Malloch, M. ( 2004) ‘Women, Drug Use and the Criminal Justice System’ in G. McIvor (ed) Women who Offend London: Jessica Kingsley

• McIvor, G. and Burman, M. (2011) Drivers of Female Imprisonment in Scotland Scottish Centre for Crime and Justice Research (SCCJR) Research Report

• McIvor, G. ( 2004) Women Who Offend London; Jessica Kingsley• Murray, L. and. Farrington., D. (2008) ‘The Effects of Parental Imprisonment on

Children’, Crime and justice: A review of research. 37. 133 – 206.

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References• Plugge, E, Douglas N, and Fitzpatrick, R. (2006) The Health of Women in Prison;

Study Findings, Department of Public Health University of Oxford• Plugge, E. ( 2008) The health needs of imprisoned female juvenile offenders: the

views of the young women prisoners and youth justice professionals, International Journal of Prison Health 4(2)

• Scottish Executive (2002) A Better Way: The Report of the Ministerial Group on Women’s .

• Offending. Edinburgh: Scottish Executive• Scottish Prisons Commission ( 2008) Scotland’s Choice Edinburgh The Scottish

Prisons Commission • Social Work Services and Prisons Inspectorate for Scotland (1998) Women Offenders:

A Safer Way: A Review of Community Disposals and the Use of Custody for Women Offenders in Scotland. Edinburgh: Scottish Executive

• Walmsley, R. ( 2012) World Female Imprisonment List (Women and girls in penal institutions, including pre-trial detainees/remand prisoners) 2nd edition. International Centre for Prison Studies