CR1013 REVISION
<><><><><><><><><><><><><><><><><><><><><><><>><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>
WOMEN IN - The Corston report: (https://webarchive.nationalarchives.gov.uk/20130206102659/http:/www.justice.gov.uk/publications/docs/corston-report-march-2007.pdf)
PRISON
= Proportionately more women than men are remanded in custody. = Women with histories of violence and abuse are overrepresented in
the criminal justice system and can be described as victims as well as offenders. = Because of the small number of women’s prisons and
their geographical location, women tend to be located further from their homes than male prisoners, to the detriment of maintaining
family ties, receiving visits and resettlement back into the community. = 30% of women in prison lose their accommodation while in prison.
= The majority of female offenders have committed non-violent offences and present little risk to the public. Many present a far greater
risk to themselves. They have been recognised as more “troubled” than “troublesome”. = Around 70% of women coming into custody
require clinical detoxification compared with 50% of men. = The last decade has seen a dramatic rise in the numbers of women in prison
from an average of 1,560 in 1993 to an average of 4,500 in 2006. = Black and minority ethnic (BME) women for example, make up 28% of
the women’s prison population, over three times that in the general population. = There is an overuse of strip-searching in women’s
prisons which is humiliating and a dreadful invasion of privacy especially for women who have suffered past abuse, particularly
sexual abuse. = Women with histories of violence and abuse are overrepresented in the criminal justice system and can be described
as victims as well as offenders.
- Bromley Briefings (Halliday, 2021): (http://www.prisonreformtrust.org.uk/Portals/0/Documents/Bromley%20Briefings/Winter%202021%20Factfile%20final.pdf)
= On 15 January 2021 there were 3,130 women in prison in England and Wales.
= Most women entering prison to serve a sentence (77%) have committed a non-violent offence.
= More women are sent to prison to serve a sentence for theft than for violence against the person, robbery, sexual offences, fraud, drugs,
and motoring offences combined.
= Women released from prison are more likely to reoffend, and reoffend sooner, than those serving community sentences.#
= Nearly half of women (49%) left prison without settled accommodation—around one in 25 (4%) were sleeping rough on release in 2019–
20, and a further one in seven (14%) were classified as “other homeless”.
= More than seven in 10 women (71%) reported that they had a mental health problem compared with nearly half of men (47%).
= 53% of women in prison have survived emotional, physical, or sexual abuse during childhood.
, = 9/10 children have to leave home due to their mother’s imprisonment. = 7/10 women in prison are survivors of domestic abuse.
LAY - MAGISTRATES (THEME: FAIRNESS)
ADJUDICATION - MoJ, 2013: ( https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/266024/strengths-skills-judiciary-2.pdf )
= Users’ perceptions and observation data suggested that magistrates were more representative of the national working population
in terms of gender and ethnicity than District Judges. However, both magistrates and District Judges tend to be older compared to
the average working population.
= the concept of “fairness” was apparent in the interviews when respondents focused on the relative strengths of magistrates. Lay
involvement and the balance provided by having three people on the bench were cited as positive aspects in this respect.
= Magistrates’ perceived closeness to the local community was highlighted as a strength. Magistrates were believed to possess
specific knowledge of the area and to be aware of local needs.
= The concepts of “fairness” and “quality of justice” were recurring themes. A number of respondents cited the notion of “judgment
by peers” or “justice for the people, by the people”. Many also stressed that lay involvement within the Criminal Justice System was
crucial as it brought an element of democracy to proceedings and ensured that the system did not become too remote from the
public.
= Another strength highlighted was the broader “experience of life” that magistrates were seen to possess. Magistrates were
perceived to come from a wider cross section of society than District Judges and, therefore, believed to be better placed to bring
wider perspectives and sensitivities to the bench. Comparing published statistics on the gender and ethnicity of District Judges and
magistrates with that of the working population shows that the magistracy are more representative. (Judiciary of E&W, 2010).
= ^^^^ 51% of magistrates are female compared to 26% of district judge. 8% of magistrates were BME compared to 4% of district j.
= lack of younger and ethnically diverse magistrates. “You have to be able to sit for 26 days a year. That’s quite a lot to ask any
employer and so you might have to take annual leave which acts as a disincentive. You have to be time rich to be a magistrate, and
the people who are time rich are either money rich or retired. It’s always going to skew the type of people who can be magistrates.”
(Magistrate, London).
= The practice of sitting as a bench of three was also frequently cited as a key strength by most respondent groups. Again the notion
of “fairness” was mentioned, with a number of respondents claiming that this set-up, akin to a “mini-jury”, led to more balanced
decisions by controlling for any potential individual prejudice. This was felt to have potential benefits for defendants and lay users
who may feel reassured that verdicts or sentences were reached through discussion and a majority decision.
= The fact that magistrates required a Legal Adviser in court was perceived by some professional user groups to be a key
comparative weakness of the magistracy, given the additional resource this entailed. Some went further, noting that a bench was
