Agenda Alliance responds to the Independent Sentencing Review

The Independent Sentencing Review, chaired by David Gauke, has published its full list of recommendations for the Lord Chancellor. This follows their initial findings published earlier this year.

The Sentencing Review, and any implementation of its recommendations, offers opportunity to limit the harms caused by the criminal justice system to women at the sharpest edge of inequality. We are pleased to see the review uphold recommendations to provide support for women and girls, particularly increased funding and the increased use of community sentencing.

Women Centres and long-term funding

Organisations across our Alliance, and the wider sector, have evidence of providing excellent standards of support to women and girls in touch with the criminal justice system. We are very pleased to see such clear recommendations and the commitment to long-term and sustained funding for Women's Centres. These organisations have long played a vital role in supporting probation services, and we are happy to see this reflected and enhanced in the review’s findings.

Members of our Alliance have repeatedly highlighted the disruptive impacts custodial sentences have for women and mothers; such as risks to pregnancy, loss of housing and care responsibilities. We are pleased to see it suggests custody be used as a last resort, referring instead to community sentencing.

Racial and intersectional disparity

The review highlights the need for the government to consider the experiences of minoritised and migratised women and girls using Equality Impact Assessments. However, this hasn't fully addressed the larger issue of how bias influences sentencing decisions in ways that disproportionately affect certain racial groups.

Our research has shown that women from migratised and minoritised communities face the ‘double disadvantage’ of gender inequality and racism when they encounter the criminal justice system, and that systemic change is needed to ensure these women do not continue to face adverse impacts as a result of sentencing decisions.

Reduced use of short sentences

We welcome recommendations to reduce the use of short sentences and introduce a new model to reduce the use of recall, which we know predominantly affect women. However, it is crucial any reduction in short sentences does not backfire by leading to an increase in sentence length (also known as 'up-tariffing').

We support the call for regular monitoring of disproportionate outcomes to ensure this recommendation is not having an adverse impact of up-tariffing particularly for migratised women, who would face automatic deportation when they receive a 12-month custodial sentence.

The review makes specific reference to the needs of migratised women who have been victims of trafficking and abuse and their contact with the criminal justice system; once deported they are often re-abused. Under the Modern Slavery Act, we must see robust systems in place to ensure these women are not deported, which the review notes is not happening at a fast enough pace.

Young Women

We are disappointed at the oversight of young women in sentencing. Our Young Women’s Justice Project has shown that when young women aren’t referenced in policy, their age and gender-related needs fall under the radar. Sentencing provides a clear touch point for early intervention and diversion, that can interrupt life-long cycles of harm. With their focus on young women, we would like to see the Women’s Justice Board consider how these recommendations can be applied specifically for this cohort.

Indy Cross, CEO of Agenda Alliance, said:

“The Sentencing Review offers a significant opportunity to limit the harms caused by the prison system to the most marginalised women and girls.

It's positive to see the review acknowledge what the organisations across our alliance know - that tackling a capacity crisis in our prisons goes hand in hand with responding to the poverty, abuse and trauma which drives women’s criminalisation - and that the community-based support needed cannot be done well on a shoe-string.

There is, however, much more work to be done. Agenda Alliance will continue to fight for the needs of young women and Black, minoritised or migratised women, in particular, who run the risk of being overlooked or further harmed by the review’s proposals.

The government must now focus on the evidence, not the noise, and ensure their chosen approach does not scapegoat or further harm the already vulnerable. They should listen to the experts, including the voices of those most affected, and be bold in driving forward the radical change needed to ensure far fewer women and girls ever see the inside of a cell."