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4 Mar 2022

A new report published today by Agenda and the Alliance for Youth Justice, lays bare the experiences of vulnerable girls and young women in the criminal justice system and calls on the Ministry of Justice to make urgent reforms.

New evidence in the report shows that without immediate attention, girls and young women will remain marginalised and locked in a cycle of harm, inequality, and re-offending and will continue to experience the trauma and disadvantage this brings.

The report is the first of its kind and the culmination of the Young Women’s Justice Project, a two-year body of work led by experts in a range of fields – including the justice system, policing, racial justice, children’s social care, safeguarding, violence against women and girls, criminal and sexual exploitation and serious youth violence.

The Young Women’s Justice Project report shows that almost all young women (17-25) in the criminal justice system have a history of violence, abuse or trauma which drives their offending – whether that’s being coerced into crime by a partner or sexually exploited, or by using drugs or alcohol as a coping mechanism. They are also likely to have experience of poor mental health, exclusion from education, economic inequality and racism. In addition, Black, Asian and minoritised women and those with experience of the care system are significantly overrepresented among young women who have come into contact with the criminal justice system, with Black, Asian and minoritised women forced to endure systemic racism and young women who have been in care facing additional stigma and negative stereotypes.

  • Up to 90% of girls in contact with the youth justice system have experienced abuse from a family member or someone they trusted
  • 63% of girls and young women serving community sentences have experienced rape or domestic abuse
  • There is greater prevalence of poor mental health amongst young women in the criminal justice system compared to young men and older adult women. Girls in custody self-harm at much higher rates than boys and, in the year ending March 2021, self-harm rates were at a 10-year high in women’s prisons, and considerably higher than in men’s prisons

Alarmingly, in the light of the current cost-of-living crisis, the report highlights the likelihood of offending because of poverty and economic need is set to continue for young women. Women under 25 are one of the groups at highest risk of unemployment due to the pandemic – with Black and minoritised young women and young mothers particularly vulnerable.

Indy Cross, Chief Executive of Agenda said:

“Our criminal justice system is repeatedly letting down girls and young women and it’s simply not good enough. You only have to look at the very recent cases of misogyny and racism in the police force and it’s clear why there is a lack of trust and a deep-seated fear. This is even more challenging for girls and young women who have experienced the care system or who are Black, Asian and minoritised. It’s shocking that most girls and young women in the criminal justice system have experienced trauma and yet their specific needs are ignored in favour of punishment and exclusion. It’s time that the criminal justice system stopped re-traumatising vulnerable people and listened to what they are telling us. We need girls and young women to be heard instead of harmed.”

Young women are being punished for their responses to trauma and the survival strategies they rely upon. They face a lack of understanding and recognition of their needs which means they feel disillusioned, disempowered and mistrustful of criminal justice agencies. While there are established support services in place, they are typically designed to meet the needs of young men or older adult women. This means young women in desperate need of support are forced to navigate a system which doesn’t work for them, and they have limited access to specialist support which leads to blame, re-traumatisation and further punishment and harm when they attempt to advocate for themselves.

Pippa Goodfellow, Chief Executive of the Alliance for Youth Justice said:

“Girls and young women’s experiences of coming into contact with the criminal justice system are frequently characterised by multiple forms of disadvantage, including experiences of violence, abuse and exploitation. But throughout the system – from policing to prisons – rather than understanding these vulnerabilities and responding appropriately, they are often met with use of force, physical restraint and isolation, causing re-traumatisation and further harm. The pandemic has devastatingly exacerbated the risks that vulnerable girls and young women face, underlining the call to government for a clear strategy that recognises and responds to these growing challenges, rather than reinforcing a cycle of abuse, inequality and offending.”

Young women and girls are ‘a minority within a minority’ as they are both young and female. Their needs are not catered for in the youth justice system (which is male dominated) or the adult criminal justice system, where both women’s prison and probation are adult-dominated spaces. Whilst young women have valuable insights and expertise to share, they are excluded from decision-making at every level – from decisions made about their individual care and support, to those which impact young women across all stages of the criminal justice system.

Jackie Doyle-Price MP, Chair of the All Party Parliamentary Group on Women in the Penal System said:

“We know that women who find themselves caught up in the Criminal Justice system are often very vulnerable.  This is especially true of young women.  We also know that many of those in our prisons are those who have been failed by the State as evidenced by the large numbers of care leavers. The first brush with criminal activity provides an opportunity for intervention.  It is an opportunity that should be taken.  It should be taken because it is morally the right thing to do, for the State to support those in need to get their lives in order.  Without a positive intervention first time offenders are very likely to embark on a pathway of further offending. I sincerely hope that more effort will be made to put in place interventions which will support them.  We are talking about less than a thousand individuals every year.  But if successful it could prevent many thousands of offences.”

Nazir Afzal OBE, Former Chief Prosecutor and Welsh Government National Adviser on violence against women:

“Girls and young women who come into contact with the criminal justice system have often experienced violence, abuse and trauma. They need support not exclusion. They need services they can trust, that are designed for them – not for young men or adults. This government needs to invest properly in the criminal justice system and in support services that really could be life changing for vulnerable young women and girls.”

The evidence is clear – more needs to be done to support girls and young women in the criminal justice system to cope with abuse, violence and trauma, prevent re-offending and, most importantly, to improve their life chances.

The Ministry of Justice must urgently:

  • Improve its policy to ensure that girls and young women are represented and involved in all levels of decision-making. The voices of young women from groups who are over-represented in the system must be heard and policy changed to support their needs
  • Provide support for people working in and around the criminal justice system to recognise and respond to the needs of girls and young women – including the distinct needs of Black, Asian and minoritised young women, and care-experienced young women
  • Make distinct funding streams available for community-based, women and girls’ services, including ring-fenced funding for services led by and for Black, Asian and minoritised women and girls, and other specialist services led by and for the communities they serve.

In addition, the Ministry of Justice’s new Young Women’s Strategy must provide a comprehensive policy framework to respond to, and prioritise investment in young women at all stages of the criminal justice system

Without these changes young women will continue to be systematically ignored in criminal justice policy and practice and ongoing failure to recognise and respond to their distinct needs and experiences will increase their risk, vulnerability and inequality.

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