Counted Out: Black, Asian and minority
ethnic women in the criminal justice system
About the Prison Reform Trust
The Prison Reform Trust is an independent UK charity working to create a just, humane and effective prison
system. We have a longstanding interest in improving criminal justice outcomes for women and our strategy
to reduce the unnecessary imprisonment of women in the UK is supported by the Big Lottery Fund.
The Transforming Lives programme: reducing women’s imprisonment
About 13,000 women are sent to prison in the UK every year, twice as many as twenty years ago,
many on remand or to serve short sentences for non-violent offences, often for a first offence.
Thousands of children are separated from their mothers by imprisonment every year. Yet most of the solutions
to women’s offending lie in the community. The Prison Reform Trust is working with other national and local
organisations to promote more effective responses to women in contact with the criminal justice system. It is
a specific objective of the Transforming Lives programme to reduce the numbers of Black,
Asian and minority ethnic women and foreign national women in prison. For further information see
www.prisonreformtrust.org.uk/women
About this briefing
In this briefing we highlight the different experiences of women from minority ethnic groups in the criminal
justice system in England and Wales, mainly in comparison to white British women but also in relation to men
who are white British and men who are from minority ethnic groups. We also consider the experience and
needs of Muslim women who may be subject to particular cultural pressures and prejudices. We propose
measures to help ensure that women are not disadvantaged in their contact with criminal justice agencies
because they are Black, Gypsy, Roma or Traveller, Asian, Muslim or from any other minority ethnic or religious
group.
A note on terminology
In this report we have used the classifications of ethnicity adopted by the review by David Lammy MP of
possible racial bias in the criminal justice system (the Lammy review) which in turn reflect the ethnic group
classifications used by the Office for National Statistics. However we have in general chosen not to use the
acronym ‘BAME’, which is widely used to mean ‘Black, Asian and other minority ethnic’. Instead we have
used this term in full, or used the term ‘women from minority ethnic groups’, with the same intended meaning.
Both terms are intended to include white women who belong to minority ethnic groups.
In the context of official statistics, references to Black women tend to mean women of African or Caribbean
descent. In the same context, references to Asian women tend to mean women from South Asia, whereas
references to Chinese and ‘other ethnic’ women tend to refer to women from South East Asia, the Middle East
and North Africa. Further notes on terminology appear in the relevant sections of this report.
Where we use the term ‘community’ we are referring to women’s ethno-cultural or religious communities or
backgrounds, depending on the context.
Credits and acknowledgements
This briefing would not have been possible without the support of the Big Lottery Fund.
The briefing was researched by Eliza Cardale and written in consultation with Dr Kimmett Edgar,
Katy Swaine Williams and Jenny Earle of the Prison Reform Trust (PRT), with additional assistance from
Zoey Litchfield of the PRT and PRT volunteer Lauren Nickolls.
We are grateful to those who have reviewed and contributed to drafts of this report, including Sofia Buncy
of Muslim Women in Prison, a project of the Huddersfield Pakistani Community Alliance in partnership with
Khidmat Centres; Adrienne Darragh of Hibiscus Initiatives; Marai Larasi MBE of Imkaan; and Dale Simon CBE,
Advocate Consultant to the Young review.
© Prison Reform Trust, 2017
Cover image: Warrior to the Rescue, HM Prison & Young Offender Institution Holloway (women’s
establishment), Commended Award for Printmaking 2016. Image courtesy of the Koestler Trust.
ISBN: 978-1-908504-27-2
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Counted Out
Counted Out: Black, Asian and minority
ethnic women in the criminal justice system
Foreword 2
Introduction 3
Executive summary 5
Summary of Findings 5
Recommendations 7
Methodology 9
Key facts on minority ethnic women in the criminal justice system 10
What does the evidence show? 13
The evidence in more detail 17
Girls from minority ethnic groups 17
Black women 17
Asian women 20
Women of Muslim faith 22
‘Mixed ethnic’ women 23
Chinese and ‘other ethnic’ women 24
Gypsy, Roma and Traveller women 25
Experiences of custody 27
Safety in custody 28
Experiences post-release 30
Minority ethnic women in the criminal justice workforce? 30
Conclusions 32
Note on statistical sources 33
Bibliography 33
Useful organisations 35
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Foreword
This report makes difficult but necessary reading. Sadly, the issues that Prison Reform Trust
highlights here are not new or even surprising. We know that deeply held negative ideas around
Black and ‘minority ethnic’ people make their way into how women and girls are treated across
our society. We also know that women and girls routinely face multiple, intersecting inequalities
and that the criminal justice system is too often the ‘hard face’ of this injustice.
While the statistics quoted in the report are important, it is more important for us to remember the
individual women and girls who are at the heart of that data. Each of their lives is important and
valuable, and not only as mothers, carers, partners and daughters, but as women and girls in their
own right. Each experience of harsh sentencing or poor treatment in prison will have caused harm
to that woman or girl. Each woman or girl who has had her experiences of abuse ignored, and
who has been viewed only through a lens of criminality rather than vulnerability has been failed by
the system. Each Black or ‘minority ethnic’ woman or girl who has been rendered hyper-visible or
invisible within the criminal justice system is a woman who has been failed by our society.
I welcome the recommendations made in this report. The current situation should not be viewed
as inevitable or acceptable. We need commitment to improvement, and we need sustained action
which leads to a step-change in justice and equality. I urge policy makers, commissioners and
others to take these recommendations forward with a view to ensuring that the lives of Black and
‘minority ethnic’ women and girls really count.
Marai Larasi MBE
Executive Director, Imkaan
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Introduction
The disadvantages all women face with the criminal justice system, such as experiencing a
greater likelihood of imprisonment than men for first offences and non-violent offences, higher
rates of remand and poorer outcomes on release
1
, are compounded for Black, Asian and minority
ethnic women. They make up 11.9% of the women’s population in England and Wales, but 18%
of the women’s prison population.
2
This represents a decline since 2012 when it was 22%, but it
remains significantly disproportionate.
3
Women from minority ethnic groups face many of the same challenges as white British women
compared to men within the criminal justice system, including exposure to domestic and/or
sexual abuse, problematic substance use, and the probability that they have the primary care
of dependent children. There is surprisingly little published information about the ethnicity of
women in the criminal justice system. For example, we know the ethnic origin of those in prison
on any given date (the ‘snapshot’ figure) but not that of women received into prison over the
course of a year (the reception figure). Nor is information published on the ethnicity of women
who are recalled back to prison following release, or of women who are on community orders.
However, even the currently limited range of published statistics and survey evidence lays bare
real disparities:
• Black women are more likely than other women to be remanded or sentenced to
custody.
• Black women are more likely to be sole parents so their imprisonment has
particular implications for children.
• Women from minority ethnic groups are more likely to plead not guilty in the
Crown Court, leaving them open to potentially harsher sentencing.
• Women from minority ethnic groups feel less safe in custody and have less access
to mental health support, according to surveys by HM Inspectorate of Prisons
(HMIP).
• Women from minority ethnic groups experience racial and religious discrimination
in prison from other prisoners and from staff, according to surveys by HMIP.
• Some women from minority ethnic groups are also foreign nationals and may be
subject to immigration control and face language and cultural barriers.
• Asian and Muslim women may experience particularly acute stigma from their own
communities.
• There are very few specialist organisations working with women from minority
ethnic groups in the criminal justice system
1. Prison Reform Trust (2017) Why focus on reducing women’s imprisonment? London: PRT.
2. Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS; Table 1.4, Ministry of Justice (2016) Population bulletin: weekly 31 March 2017, London:
Ministry of Justice
3. Table A1.7, Ministry of Justice (2013) Prison population tables, London: Ministry of Justice
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While the experiences of women from minority ethnic groups are individual and diverse, the
extent to which they have been neglected or misunderstood is something they have in common.
The 2007 Corston Review of the needs of vulnerable women in prison, stated that women from
minority ethnic groups are ‘further disadvantaged by racial discrimination, stigma, isolation,
cultural differences, language barriers and lack of employment skills’.
4
This remains true a decade
on.
This briefing is intended to help remedy past neglect and inspire the development of a more
informed approach that will ensure and monitor equitable outcomes for women from minority
ethnic groups, and foster the specialist organisations that work with them.
4. Corston, J. (2007) The Corston Report. London: Home Office
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Executive Summary
Summary of Findings
Lack of data and research signifies neglect and impedes progress
• There is limited criminal justice data disaggregated by both gender and ethnicity
which makes it harder to identify accurately and address effectively the disparities
experienced by women from minority ethnic groups in the criminal justice system.
• There has been little qualitative or quantitative research into the experiences of
women from minority ethnic groups in the criminal justice system, particularly
outcomes after release from custody or receipt of non-custodial sentences.
• There is minimal data disaggregated by gender and religion, constraining analysis
of the experiences of Muslim women, whose numbers in prison are growing.
• There is minimal data on Gypsy, Roma and Traveller women, and little known
about their experiences, despite considerable over-representation in custody.
Available evidence confirms that women from minority ethnic groups are
disadvantaged compared to white women in the criminal justice system
• There is disproportionate use of custodial remand and custodial sentencing for
Black women.
• Women from minority ethnic groups are more likely to plead not guilty at the
Crown Court, impacting on their sentences if convicted.
• As Black women are more likely to be lone parents, custodial sentences may have
a particularly significant impact on their families.
• Women from minority ethnic groups feel less safe in custody and have less access
to mental health support.
• Women from minority ethnic groups experience racial and religious discrimination
in prison from other prisoners and from staff.
• Some minority ethnic women are also foreign nationals and therefore subject
to additional difficulties, including language barriers and extended detention
associated with being subject to immigration control.
• Asian and Muslim women may experience particularly acute stigma from their own
communities as a result of their involvement with the criminal justice system.
• There is no available data on the number of Black, Asian or minority ethnic women
sitting as magistrates or judges or employed in the probation, prison or police
services.
• While there has been a significant reduction in the numbers of young people
entering the criminal justice system and going into custody since 2008, these
benefits have not been felt equally across ethnicities.
1
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6
Summary of Findings
3
There are very few specialist, local services working with women offenders
from minority ethnic groups
• Women report being more likely to access support, and feeling safer to speak
about their experiences, within services led by and for women from minority ethnic
groups.
• There are few organisations either working exclusively with or running
programmes for Black, Asian or minority ethnic women offenders.
• Government budget cuts have reduced the availability of specialist support
services for Black, Asian and minority ethnic women affected by domestic abuse
and other forms of violence against women and girls.
5
Bangkok Rules
The United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures
for Women Offenders (known as the Bangkok Rules, 2010) to which the UK is a signatory, make
specific provisions for ethnic minority women in prison:
Rule 54: Prison authorities shall recognize that women prisoners from different religious and
cultural backgrounds have distinctive needs and may face multiple forms of discrimination in
their access to gender- and culture-relevant programmes and services. Accordingly, prison
authorities shall provide comprehensive programmes and services that address these needs, in
consultation with women prisoners themselves and the relevant groups.
Rule 55: Pre- and post-release services shall be reviewed to ensure that they are appropriate
and accessible to indigenous women prisoners and to women prisoners from ethnic and racial
groups, in consultation with the relevant groups.
6
5 Imkaan (2016) Capital Losses: The state of the BME ending violence against women and girls sector in London. London: Imkaan
6 UN General Assembly (2010) UN Resolution 65/229 United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules). UN General Assembly: New York
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7
Recommendations
The forthcoming government strategy on female offenders, to be published by
the Ministry of Justice later in 2017, should include specific measures to improve
outcomes for Black, Asian and minority ethnic women and women from minority
faith communities in contact with the criminal justice system. Proposed measures
should reflect:
• consultation with women who have direct experience of the criminal justice
system and specialist services in the community that work with them;
• a rebalancing of investment away from the custodial estate and towards
community solutions.
Criminal justice agencies should collect and publish data disaggregated by
gender, ethnicity (including Gypsy, Roma and Traveller backgrounds) and religion
to inform policy and practice and ensure compliance with the public sector
equality duties. This data should:
• include all sentencing disposals, prison receptions, remands, releases and recalls;
• inform local authority joint strategic needs assessments and commissioning
decisions;
• be appropriately shared by the police, courts, Community Rehabilitation
Companies (CRCs) and National Probation Service (NPS) and scrutinised for
evidence of disproportionality or unmet need;
• be used to monitor progress in addressing unequal outcomes.
The criminal justice inspectorates should conduct a joint thematic review to
investigate the extent and nature of disparities in experience of women from
minority ethnic groups and make detailed recommendations to all responsible
agencies for how these can be addressed. This could for example include a
National Statement of Expectations for working with women from minority
ethnic groups.
Key guidance documents, such as the Equal Treatment Bench Book and NOMS
Guide to working with women offenders, should be updated to address specific
considerations for women from minority ethnic groups and Muslim women.
1
2
3
4
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5
6
7
8
9
Steps should be taken to ensure appropriate ethnic diversity of jury members, and
to tackle unconscious gender and racial bias.
A strategy to increase minority ethnic women’s representation in the criminal
justice workforce should be adopted by the Ministry of Justice, HM Prisons and
Probation Service (HMPPS) and the Home Office. All criminal justice agencies
should take steps to improve the recruitment and retention of minority ethnic
women and ensure transparent data recording so that progress can be measured.
This should include police, courts, probation and prison service staff, as well as the
magistracy and the judiciary. Culturally-informed and gender-responsive training
should be provided throughout the criminal justice workforce. This should include
programmes enabling staff and officers to understand and challenge their own
unconscious biases.
The Judicial College should provide information and training to the judiciary on
the different experiences and needs of women from minority ethnic groups as part
of the social context within which they operate. This should include programmes
enabling members of the judiciary to understand and challenge their own
unconscious biases.
The National Probation Service should ensure that pre-sentence reports,
whether oral or written, draw the court’s attention to relevant cultural factors and
pressures, and training for offender managers should include cultural awareness
relevant to their client groups. This may include for example family dynamics and
gender-power relations in a woman’s community, the impact of sentencing on
dependent children
7
, and programmes enabling offender managers to understand
and challenge their own unconscious biases.
National and local government should work together to ensure the provision
of services to support women from minority ethnic groups in the community.
The focus should be on increasing and strengthening specialist services and
ensuring safe spaces are available for women from minority ethnic groups.
Local commissioners must evidence consultation and partnership working with
specialist organisations, and be held to account for this.
7 For a summary of law and practice see Prison Reform Trust (2015) Sentencing of Mothers, London: PRT
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Methodology
In preparing this briefing we have drawn upon government statistics and the interim
report published in November 2016 by the Lammy review,
8
which identified pronounced
disproportionality in the treatment of women from minority ethnic groups at the point of arrest, in
relation to custodial remand and sentencing, and in prison discipline adjudications.
9
We have also drawn upon the research commissioned by the Lammy review from Agenda and
Women in Prison, published in April 2017, which gave voice to women from minority ethnic
groups through focus group discussions.
10
We conducted our own analysis of information from recent HM Inspectorate of Prisons (HMIP)
reports from women’s prisons. The prisoner surveys in seven reports published since February
2014 were analysed to compare the responses of women from minority ethnic groups to those
of white women.
11
We also conducted a focus group with foreign national women, hosted by
Hibiscus Initiatives at their London specialist women’s centre.
It is difficult to draw specific conclusions about racial disparities in criminal justice outcomes
given the numerous and complex drivers to offending, including socio-economic inequalities,
and the many factors that can affect decisions on prosecution, remand and sentencing. Care is
needed in interpreting statistics when the numbers involved are relatively small. In developing our
analysis and recommendations we have consulted individuals and organisations with specialist
expertise and experience and these are listed above under Credits and Acknowledgements.
8 David Lammy MP was commissioned by the UK government in January 2016 to consider the treatment of, and outcomes for, black, Asian and minority ethnic adults and
young people within the criminal justice system in England and Wales (the Lammy review).
9 Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
10 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
11 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Peterborough (July 2014), HMP Send (February 2014)
Key facts on minority ethnic women in the criminal
justice system
12
Black women
Black women make up 3% of the total female population in England and Wales, but 6.7% of
women entering the criminal justice system for the first time
13
and 8.9% of the women’s snapshot
prison population.
14
There are marked local and regional variations. For example in London, 9.8% of women are
Black,
15
yet Black women made up 20.7% of first time entrants into the criminal justice system.
16
In West Yorkshire, where 1.8% of the general population of women are Black, at least 3.7% of first
time entrants are Black - but ethnicity is unrecorded for 31% of women first time entrants in West
Yorkshire.
17
Black women are
18
29% more likely than white women to be remanded in custody at the Crown
Court.
Following a conviction, Black women are 25% more likely than white women to receive a
custodial sentence.
Asian women
Asian women are generally under represented within the criminal justice system. However in the
West Midlands, where Asian women represent 7.5% of the women’s population, they comprise
12.2% of first time entrants to the criminal justice system.
19
Forty per cent of Asian women receiving convictions in 2015 had no previous convictions,
compared with 12% of white women. Only 15% of Asian women had more than ten previous
convictions, compared with 43% of white women.
20
Asian women and girls are less likely to be arrested than white women and girls across almost all
offence types. The exception is for fraud offences, where Asian women are 26% more likely to be
arrested than white women. Asian women are 51% more likely than white women to plead not
guilty at Crown Court,
21
the highest rate of any ethnic group. This may lead to longer sentences,
where women are convicted.Once in custody, Asian women face additional stigma from their
community, for themselves and their families.
22
12. For a comprehensive briefing on women in the criminal justice system see PRT 2017 Why focus on reducing women’s imprisonment
13. Ministry of Justice (2017) Offending history data tool: First time entrants, December 2016, London: Ministry of Justice
14. Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS; Table 1.4, Ministry of Justice (2016) Population bulletin: weekly 31 March 2017, London:
Ministry of Justice
15 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17 (this data includes women aged 16 years and over)
16 Op Cit Ministry of Justice (2017)
17 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17 (this data includes women aged 16 years and over); Ministry of Justice (2017) Offending history data tool: First time
entrants, December 2016, London: Ministry of Justice
18 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
19 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17; Ministry of Justice (2017) Offending history data tool: First time entrants, 18 May 2017, London: Ministry of Justice
20 Ministry of Justice (2016) Offending history data tool, September 2016, London: Ministry of Justice
21 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
22 Buncy, S. and Ahmed, I. (2014) Muslim Women in Prison. Second Chance Fresh Horizons: A study into the needs and experiences of Muslim women at HMP & YOI New Hall
& Askham Grange prisons during custody and post-release, Bradford: HPCA and Khidmat Centres: https://muslimhands.org.uk/_ui/uploads/kqe5a9/MWIP_Report.pdf
3%
6.7%
8.9%
Of the total
female
population in
England and
Wales
Black women make up:
Of women
entering the
criminal justice
system for the
first time
13
Of the women’s
snapshot
prison
population
14
Black women
There are marked local and regional variations.
For example in London, 9.8% of women are
Black,
15
yet Black women made up 20.7% of first
time entrants into the criminal justice system.
16
In West Yorkshire, where 1.8% of the general
population of women are Black, at least 3.7%
of first time entrants are Black - but ethnicity is
unrecorded for 31% of women first time entrants
in West Yorkshire.
17
Black women
18
29%
Following a conviction, Black women are
more likely than white women to
be remanded in custody at the
Crown Court .
more likely than white women to
receive a custodial sentence.
25%
Asian women are generally under represented
within the criminal justice system. However in the
West Midlands, where Asian women represent
7.5% of the women’s population, they comprise
12.2% of first time entrants to the criminal justice
system.
19
Forty per cent of Asian women receiving
convictions in 2015 had no previous convictions,
compared with 12% of white women. Only 15%
of Asian women had more than ten previous
convictions, compared with 43% of white
women.
20
Asian women and girls are less likely to be
arrested than white women and girls across
almost all offence types. The exception is for
fraud offences, where Asian women are:
more likely to be arrested than white
women.
Asian women are
more likely than white women
to plead not guilty at Crown Court,
21
the highest rate of any ethnic group. This may
lead to longer sentences, where women are
convicted.
Once in custody, Asian women face additional
stigma from their community, for themselves and
their families.
22
Asian women
26%
51%
10
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Women of Muslim faith
The proportion of Muslim women in custody has increased from 5.2% to 6.3% since March 2014
– up from 203 Muslim women to 251 on 31 March 2017.
23
The Muslim Women in Prison project has reported on the disadvantages faced by Muslim women
in prison without English language skills, particularly older women, who have had to rely on other
prisoners to interpret for them. As this is not a formal arrangement, there is no guarantee of
continuity: interpreters may be released, or transferred without warning.
24
Chinese and ‘other ethnic’ women
Women within the ‘Chinese and other ethnic’ group are 89% more likely to be arrested than white
women, and 32% less likely than white women to be proceeded against.
25
Gypsy, Roma and Traveller women
Prison records indicate about 0.3% of women in custody are Gypsy, Roma and Traveller (GRT)
women,
26
but HMIP survey responses record much higher numbers. In particular, 9% of women
at HMP Foston Hall, 9% at HMP Bronzefield, and 10% at HMP Peterborough, identified as GRT.
These numbers are very high in comparison to official estimates of Gypsies and Travellers in
the general population (0.1%) and even the estimates by GRT organisations (0.5%).
27
Across all
prisons, women have been more likely than men to identify themselves as GRT (7% compared
with 5%). The HMIP report on Gypsies, Romany and Travellers also found that this group were
more likely to feel victimised, more likely to be experiencing mental health problems and less likely
to feel safe in custody.
28
23 Table 1.5, Ministry of Justice (2017) Prison population: 31 March 2017, London: Ministry of Justice
24 Buncy, S. and Ahmed, I. (2014) Muslim Women in Prison. Op Cit.
25 Table 5.1, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the criminal justice system in England and Wales. London: Ministry of Justice
26 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Peterborough (July 2014), HMP Send (February 2014)
27 Gypsy and Traveller population in England and the 2011 Census, London: ITMB; Office for National Statistics (2013) Annual Mid-year Population Estimates, 2011 and 2012,
London: ONS
28 HMIP (2014) People in prison: Gypsies, Romany and Travellers: A findings paper by HM Inspectorate of Prisons. London: HMIP
Gypsy, Roma and Traveller
women
Women of Muslim faith
The Muslim Women in Prison project has
reported on the disadvantages faced by Muslim
women in prison without English language
skills, particularly older women, who have had
to rely on other prisoners to interpret for them.
As this is not a formal arrangement, there is no
guarantee of continuity: interpreters may be
released, or transferred without warning.
24
The proportion of Muslim women in custody
has increased from:
since March 2014 – up from 203 Muslim
women to 251 on 31 March 2017.
23
5.2% to 6.3%
89%
Women within the ‘Chinese and other ethnic’
group are:
more likely to be
arrested than white
women.
Chinese and ‘other ethnic’
women
32%
less likely than
white women to be
proceeded against
25
9% 9%
10%
Prison records indicate about 0.3% of women
in custody are Gypsy, Roma and Traveller (GRT)
women,
26
but HMIP survey responses record
much higher numbers. In particular:
These numbers are very high in comparison
to official estimates of Gypsies and Travellers
in the general population (0.1%) and even the
estimates by GRT organisations (0.5%).
Across all prisons, women have been more
likely than men to identify themselves as GRT
(7% compared with 5%).
27
The HMIP report on
Gypsies, Romany and Travellers also found that
this group were more likely to feel victimised,
more likely to be experiencing mental health
problems and less likely to feel safe in custody.
28
of women at
HMP Foston
Hall
of women
at at HMP
Bronzefield
of women
at at HMP
Peterborough
11
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12
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Migrant women and trafficked women
29
A significant proportion of foreign national women in prison have been trafficked or coerced into
offending.
30
This is also increasingly likely to be the case for British women and girls.
31
Women from minority ethnic groups were more likely at five out of the seven prisons recently
inspected to identify as foreign national.
32
At HMP Send, they were also less likely to understand
written English than white women.
33
Hibiscus Initiatives have identified a growth in the numbers of
people in the criminal justice system for whom English is not their first language, and report that
women and girls tend to have higher needs in this area as a result of more restricted access to
education. This also has an impact on women’s ability to understand decisions made in relation to
criminal cases and immigration status.
34
Girls from minority ethnic groups
While there has been a sustained and significant reduction in the numbers of young people going
into custody since 2008, as well as a drop in young people entering the criminal justice system,
these benefits have not been felt equally across ethnicities. There has been an 84.9% drop over
ten years since 2006 in the number of white girls receiving convictions. For black girls, there has
been a smaller (73.5%) reduction in convictions over the same period.
Safety in custody
Prison inspection reports highlight concerns about safety and access to support for women from
minority ethnic groups, who are more likely to say they have been victimised by other prisoners
because of their ethnicity, at all prisons except HMP East Sutton Park, where none of the
respondents said they had been so victimised.
35
Recorded rates of self-harm are higher among white women in prison, representing over 90% of
incidents over the last ten years.
36
Women from minority ethnic groups may be under-represented
in these statistics, for reasons including under-reporting, or misreading of the range of emotional
responses that women may have to trauma. However, there has been an increase in the recorded
rates of self-harm amongst women from minority ethnic groups, in particular amongst mixed
ethnic women.
Women from minority ethnic groups in the criminal justice workforce
Regrettably there is no official data available on the number of women from minority ethnic groups
working in the criminal justice system.
29 See Prison Reform Trust (2012) No Way Out, London: PRT and an update of that publication to be published by PRT with Hibiscus Initiatives in late 2017.
30 Hales, L. & Gelsthorpe, L. (2012) The criminalization of migrant women Cambridge: Institute of Criminology
31 NCA (2017) National Referral Mechanism Statistics – End of Year Summary 2016, London: NCA. This reported a 100.8% increase from 2015 to 2016 in the numbers of girls
being referred to the NRM due to suspected trafficking within the UK. For adult women there was a 10.9% increase. The UK was the most common country of origin for girls
referred to the NRM in 2016.
32 HMP Eastwood Park (November 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015), HMP Peterborough (July 2014), HMP Send (February 2014)
33 HMP Send (February 2014)
34 Hibiscus Initiatives (2014) The Language Barrier to Rehabilitation. London: Hibiscus Initiatives
35 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Peterborough (July 2014), HMP Send (February 2014)
36 Table 2.7, Ministry of Justice (2016) Self-harm in prison custody 2004 to 2015, London: Ministry of Justice
Safety in custodyMigrant women and trafficked
women
29
A significant proportion of foreign national
women in prison have been trafficked
or coerced into offending.
30
This is also
increasingly likely to be the case for British
women and girls.
31
Women from minority ethnic groups were
more likely at five out of the seven prisons
recently inspected to identify as foreign
national.
32
At HMP Send, they were also less
likely to understand written English than white
women.
33
Hibiscus Initiatives have identified a
growth in the numbers of people in the criminal
justice system for whom English is not their
first language, and report that women and girls
tend to have higher needs in this area as a
result of more restricted access to education.
This also has an impact on women’s ability
to understand decisions made in relation to
criminal cases and immigration status.
34
Girls from minority ethnic groups
Prison inspection reports highlight concerns
about safety and access to support for women
from minority ethnic groups, who are more
likely to say they have been victimised by other
prisoners because of their ethnicity, at all prisons
except HMP East Sutton Park, where none of the
respondents said they had been so victimised.
35
Recorded rates of self-harm are higher among
white women in prison, representing over 90% of
incidents over the last ten years.
36
Women from
minority ethnic groups may be under-represented
in these statistics, for reasons including
under-reporting, or misreading of the range of
emotional responses that women may have to
trauma. However, there has been an increase
in the recorded rates of self-harm amongst
women from minority ethnic groups, in particular
amongst mixed ethnic women.
While there has been a sustained and
significant reduction in the numbers of young
people going into custody since 2008, as well
as a drop in young people entering the criminal
justice system, these benefits have not been
felt equally across ethnicities.
For Black girls, there
has been a smaller
reduction in
convictions over the
same period.
There has been an
drop over ten years
since 2006 in the
number of white girls
receiving convictions.
84.9%
73.5%
Women from minority ethnic
groups in the criminal justice
workforce
Regrettably there is no official data available
on the number of women from minority ethnic
groups working in the criminal justice system.
13
Counted Out
What does the evidence show?
Despite some progress, evidence of racial bias in criminal justice agencies persists. This was
recognised in January 2016 when David Cameron commissioned the Lammy review and again
in August 2016 by the Prime Minister when she ordered an audit of racial disparities in public
services.
The discrimination and disadvantage that women in the criminal justice system in England and
Wales may experience if they are from a minority ethnic background is multi-layered. There is a
tendency to consider mainly white women when addressing gender inequality, and mainly black
men when addressing racial inequality, but it is the interplay between gender and race inequalities
that affects Black, Asian and minority ethnic women.
all the women are white, all the blacks are men, but some of us are brave
37
This ‘intersectional discrimination’ plays out in all aspects of the lives of women from minority
ethnic groups.
38
They face additional barriers to accessing support in relation to experiences
of violence,
39
are more likely to live in poverty than white people and men from minority ethnic
groups,
40
and tend to earn less than these groups.
41
The disadvantages women generally face
with the criminal justice system, such as experiencing a greater likelihood of imprisonment than
men for first offences and non-violent offences, higher rates of remand and poorer outcomes on
release
42
, are compounded. Women from minority ethnic groups make up 11.9% of the women’s
population in England and Wales, but 18% of the women’s prison population.
43
(see Figures 1 and
2). There has been a gradual decline since 2012, when this was 22%, but it remains significant.
44
Writer bell hooks argues that
‘racist stereotypes of the strong, superhuman black woman’
45
have obscured the extent to which black women are likely
to be victimised.
37 Hull, Gloria T. (1982) All the women are white, all the blacks are men, but some of us are brave. New York: The Feminist Press
38 Imkaan & Ascent (2016) Safe Pathways? Exploring an intersectional approach to addressing violence against women and girls, London: Imkaan & Ascent
39 Imkaan (2016) Capital Losses: The state of the specialist BME Ending Violence against Women and Girls sector in London. London: Imkaan.
40 Joseph Rowntree Foundation (2011) Poverty and ethnicity: A review of evidence. York: JRF; Lankelly Chase (2015) Women and girls at risk: Evidence across the life course.
London: Lankelly Chase.
41 Fawcett Society (2017) Gender Pay Gap by Ethnicity in Britain – Briefing. London: Fawcett Society
42 Prison Reform Trust (2017) Why focus on reducing women’s imprisonment? London: PRT.
43 Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS; Table 1.4, Ministry of Justice (2016) Population bulletin: weekly 31 March 2017, London:
Ministry of Justice
44 Table A1.7, Ministry of Justice (2013) Prison population tables, London: Ministry of Justice
45 Hooks, b. (1984) ‘Black Women: Shaping Feminist Theory’ in Feminist Theory: From Margin to Centre. Boston: South End Press
14
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Fig 2
Fig 1
Unrecorded
Chinese or other ethnic group
Black or Black British
Asian or Asian British
Mixed
White
Other ethnic group
Black/African/Caribbean/Black British
Asian/Asian British
Mixed/multiple ethnic group
White
-100%
-80%
-60%
-40%
-20%
0%
20%
Asian
Black
White
20162015201420132012201120102009200820072006
80%
82%
84%
86%
88%
90%
92%
94%
96%
98%
100%
201520142013201220112010200920082007200620052004
Unrecorded
Other
Mixed
Black
Asian
White
Fig 2
Fig 1
Unrecorded
Chinese or other ethnic group
Black or Black British
Asian or Asian British
Mixed
White
Other ethnic group
Black/African/Caribbean/Black British
Asian/Asian British
Mixed/multiple ethnic group
White
-100%
-80%
-60%
-40%
-20%
0%
20%
Asian
Black
White
20162015201420132012201120102009200820072006
80%
82%
84%
86%
88%
90%
92%
94%
96%
98%
100%
201520142013201220112010200920082007200620052004
Unrecorded
Other
Mixed
Black
Asian
White
88%
81.6%
1.4%
4.6%
6.7%
3.9%
3.0%
8.9%
0.8%
0.6%
0.4%
Figure 1: Women in England and Wales by ethnic group; 2011 Census
46
Figure 2: Women in custody in England and Wales by ethnic group; 2016 prison
population statistics
47
These figures represent a snapshot number of women in prison at any one time. Receptions
data would more accurately reflect the numbers of women going into custody over a period
of time, including those on remand, recall and on short sentences. Our knowledge about the
race and ethnicity of women being sent to prison is limited by the Ministry of Justice’s failure to
publish prisons receptions data with a breakdown by ethnicity and gender. This in turn constrains
progress in addressing disproportionality.
46 Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS
47 Table 1.4, Ministry of Justice (2017) Population bulletin: weekly 31 March 2017, London: Ministry of Justice
15
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The law on equality
Equality for women and girls from minority ethnic groups in the criminal justice system is a well
established legal requirement throughout the UK. The public sector equality duty requires public
authorities, when developing policies and services, to demonstrate due regard to the need to
eliminate discrimination against people with protected characteristics including sex and race.
This entails minimising disadvantage, taking steps to meet their needs and encouraging their
involvement in public life.
48
Section 10 of the Offender Rehabilitation Act 2014 stipulates that in England and Wales specific
arrangements must be made to meet the particular needs of female offenders in the provision of
probation services, in compliance with the equality duty.
49
Compliance with these equality duties requires the collection, analysis and publication of data on
the workings of the criminal justice system, disaggregated by gender and race.
Count minority ethnic women in - the importance of data
More than a decade ago the Fawcett Society’s Good Practice Guidelines
50
identified a lack of
data as a critical barrier to improving provision for women from minority ethnic groups in the
criminal justice system, stating that most services had inadequate monitoring and evaluation
frameworks. Measures to tackle inequalities can only be evidenced if sufficient data is collected
and monitored.
Very little of the data published by the Ministry of Justice is disaggregated by both gender and
ethnicity. Inconsistent ethnic categories are used by the police and prison services so it is not
always possible to analyse and compare data at different points in the criminal justice system.
The shortcomings apply to capturing sentencing outcomes, prison receptions, remand, recall
and release data, and in identifying the needs of women in prison and on release and women on
community orders.
Also unhelpful is a lack of rigour in recording ethnicity: overall it is unrecorded for 22% of women
first time entrants to the criminal justice system.
51
The area with the largest proportion of women
first time entrants whose ethnicity goes unrecorded is West Yorkshire, where it is 31%. This
inconsistency between geographical areas should be investigated with a view to improving data
collection by criminal justice agencies.
Research has found that women from minority ethnic groups are under-represented as workers in
the criminal justice system,
52
but there is no current official data available on the number of Black,
Asian or minority ethnic women working in the criminal justice system - as magistrates or judges
or employed in the police, courts, prisons or probation services.
48 EHRC (2010) Equality Act 2010. London: EHRC.
49 Offender Rehabilitation Act (2014) Offender Rehabilitation Act 2014. The Stationery Office: Norwich
50 Fawcett Society (2006) Good practice in meeting the needs of ethnic minority women offenders and those at risk of offending. London: Fawcett Society
51 Offending History Data tool: First time entrants, May 2017: www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december-2016
52 Fawcett Society (2010) Realising rights: increasing ethnic minority women’s access to justice. London: Fawcett Society; LankellyChase (2014) Women and girls at risk:
Evidence across the life course. Yorkshire: DMSS
16
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Professional guidance
Information available to staff in criminal justice agencies, such as the NOMS guide to working
with women offenders
53
and the Equal Treatment Bench Book for judges,
54
highlight the additional
disadvantage faced by women from minority ethnic groups but give very limited guidance about
how this should be addressed or ameliorated. There was no reference to women from minority
ethnic groups in the Ministry of Justice’s Strategic Objectives for Females Offenders in 2013 nor
in the update in 2014,
55
nor any reference to women in the NOMS Race Review in 2008.
56
The
Lammy review provides an opportunity to address these oversights.
Specialist provision for women from minority ethnic groups
There are few organisations either working exclusively with or running programmes specifically
for women from minority ethnic groups. Imkaan’s state of the sector report
57
highlights the effect
of government budgets cuts on dedicated organisations working to end violence against Black,
Asian and minority ethnic women and girls. As women have reported being more likely to access
support from these specialist services, and feeling safer to speak about their experiences within
them, their loss is unhelpful to improving outcomes.
Imkaan’s Safe Minimum Practice Standards
58
outline core principles for VAWG services working
with women from minority ethnic groups. These stipulate that service provision should be
developed ‘with an understanding of the impact of racism and discrimination in the lives of
women and girls within the context of violence.’ These principles and standards should be
considered by central and local government and criminal justice agencies when commissioning
services for women in contact with the criminal justice system, as well as by providers of women-
specific services.
53 NOMS (2012) A Distinct Approach: A guide to working with women offenders. London: Ministry of Justice
54 Judicial College (2013) Equal Treatment Bench Book. Chapter 9: Ethnicity, inequality and justice. London: Courts and Tribunals Judiciary
55 Ministry of Justice (2013) Strategic objectives for female offenders. London: Ministry of Justice
56 Ministry of Justice (2008) Race Review: Implementing Race Equality in Prisons – Five Years On. London: Ministry of Justice.
57 Imkaan (2016) Capital Losses: The state of the BME ending violence against women and girls sector in London. London: Imkaan
58 Imkaan (2016) Imkaan safe minimum practice standards: working with black and minority ethnic women and girls. London: Imkaan
17
Counted Out
The evidence in more detail
This section sets out the quantitative data available for women by ethnicity in order to give a
more detailed comparative account of racial disparities within the criminal justice system. While
this briefing concerns adult women, we include some data on girls from minority ethnic groups
as this has clear implications for the future adult female prison population.
59
Girls from minority ethnic groups
I feel like we have a double standard, it’s not just with the police or social services,
with the whole public sector… Like the police, if I’m in trouble or whatever, they’ll
come there super quick, they bug me, they’ll run me down, they’ll call me names…
Then, when I got robbed and called them, they were very willy-nilly… There was
never an explanation of what actions exactly they were going to take.
Young Black woman with experience of care and the criminal justice system
60
There was a 73.5% reduction in Black girls receiving convictions over ten years since 2006,
while for white girls there was an 84.9% reduction. Black girls make up 10.8% of all girls
entering the criminal justice system for the first time.
61
An accurate comparator is not readily
available for the general population.
Black girls are significantly more likely to be arrested than white girls. They are five times more
likely to be arrested for robbery, and over three times more likely to be arrested for fraud.
62
However, the numbers of girls are too few beyond the point of arrest to draw conclusions on
disproportionate treatment for specific offences. Nevertheless, research conducted in 2010
found that a disproportionate number of both victims and perpetrators of serious youth violence
in London are from minority ethnic communities.
63
For Asian girls the picture is mixed. While there was a 52.1% drop in convictions of Asian
girls over the ten year period as a whole, this masks a dramatic rise from 2015 to 2016, when
convictions rose by 50% in a year, from 38 girls in 2015 to 57 girls in 2016.
64
Black women
I just think in general outside of prison life women are treated lesser than men and I
think Black, Asian people are treated lesser than white people so if you are a Black
or Asian woman... You’re already at a disadvantage, a double disadvantage .
Woman from minority ethnic group in prison, quoted by Agenda and Women in Prison, 2016
65
59 ‘Women’ refers to those 18 years and over; ‘girls’ refers to those between 13 and 17 years of age
60 Prison Reform Trust (2016) In Care, Out of Trouble. London: Prison Reform Trust
61 Ministry of Justice (2017) Offending history data tool: First time entrants, December 2016, London: Ministry of Justice. Black girls make up 3.3% of the general population
of girls in England and Wales but this only includes girls aged 0-15, whereas the statistics for first time entrants includes girls aged 13 to 17.
62 Table A2.5, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
63 Race on the Agenda (2010) Female Voice in Violence Project: A study into the impact of serious youth and gang violence on women and girls. London: ROTA
64 Ministry of Justice (2016) Offending history data tool, September 2016, London: Ministry of Justice
65 This quotation is from a focus group: Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal
justice system, London: Agenda and Women in Prison
18
Counted Out
Black women make up 3% of the female population in England and Wales, but 8.9% of the
women’s snapshot prison population
66
and 6.7% of women entering the criminal justice system
for the first time.
67
However national statistics are not the best measure of disproportionality,
given the significant regional variations in population diversity. For example, in London 9.8% of
women are Black
68
but Black women made up 20.7% of first time entrants to the criminal justice
system.
69
In West Yorkshire, where 1.8% of the general population of women are Black, at least
3.7% of women first time entrants are Black (but as already noted ethnicity is unrecorded for 31%
of women first time entrants in this region).
70
Numbers of Black women in prison have gradually declined since 2012, at a greater rate than all
women in prison.
71
However, this data should be treated with caution as they do not reflect the
numbers of women being received into prison over time.
Nearly a fifth (18%) of Black women receiving convictions in 2015 had no previous offences,
compared with 12% of white women.
72
Black women are more than twice as likely to be arrested as white women in the general
population but 10% less likely than white women to be proceeded against following an arrest.
73
This could suggest an over-use of arrest powers, where there is weaker evidence or for less
serious incidents that do not reach the threshold for public interest to prosecute.
Black women are 35% more likely than white women to plead not guilty.
74
Not guilty pleas may
indicate mistaken arrest, a lack of trust in the system or lack of legal advice.
75
They are likely to
lead to more severe sentencing. Focus groups conducted by Agenda and Women in Prison found
that women had not been aware that their sentence could be reduced with an early guilty plea.
76
Black women are 63% more likely than white women to be tried at the Crown Court.
77
Decisions
to try a case at the Crown Court are based on the seriousness and complexity of the case and,
in some cases, the preference of the defendant. Defendants may elect Crown Court trial due to
the common belief that a jury will be more sympathetic. However, Agenda and Women in Prison’s
research found that women from minority ethnic groups had concerns about jury bias where
juries had been dominated by older, white men.
78
66 Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS; Table 1.4, Ministry of Justice (2016) Population bulletin: weekly 31 March 2017, London:
Ministry of Justice
67 Ministry of Justice (2017) Offending history data tool: First time entrants, December 2016, London: Ministry of Justice
68 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17 (this data includes women aged 16 years and over)
69 Ministry of Justice (2017) Offending history data tool: First time entrants, December 2016, London: Ministry of Justice
70 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17 (this data includes women aged 16 years and over); Ministry of Justice (2017) Offending history data tool: First time
entrants, December 2016, London: Ministry of Justice
71 Table 1.4, Ministry of Justice (2017) Population bulletin: weekly 31 March 2017, London: Ministry of Justice; Table 1.4, Ministry of Justice (2013) Population bulletin: weekly 31
March 2013, London: Ministry of Justice
72 Ministry of Justice (2016) Offending history data tool, September 2016, London: Ministry of Justice
73 Table 5.1, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
74 T able 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
75 Centre for Justice Innovation (2017) Building Trust: How our courts can improve the criminal court experience for Black, Asian, and Minority Ethnic defendants. London: CJI
76 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
77 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
78 Cox, J. and Sacks-Jones, K. (2016) Op Cit
19
Counted Out
Black women are 29% more likely than white women to be remanded in custody at the Crown
Court.
79
BAWSO
Bawso is an all Wales, Welsh Government Accredited Support Provider, delivering
specialist services to people from Black and minority ethnic backgrounds who are affected
by domestic abuse and other forms of abuse, including female genital mutilation, forced
marriage, human trafficking and prostitution.
If convicted, Black women are 25% more likely than white women to receive a custodial
sentence.
80
There are broader consequences of this, as Black women are particularly likely to be
single mothers. More than half of Black families in the UK are headed by a lone parent, compared
with less than a quarter of white families and just over a tenth of Asian families.
81
Despite the law’s
requirement that the welfare of children affected should be considered in sentencing,
82
many
women in the focus groups conducted by Agenda felt that their family circumstances had not
been considered in their sentences.
83
There is particularly marked disproportion in the experience of Black women in the Crown Court
for drugs offences. These defendants are 84% more likely than white women to be remanded in
custody, despite no significant difference in conviction rates, and then more than twice as likely
(127% more) to receive a custodial sentence than white women.
84
HIBISCUS INITIATIVES
Hibiscus Initiatives aims to improve the quality of life for those who are marginalised by
language and culture by increasing awareness of the prison system and their rights by
enabling them to access and exercise these rights. They provide a wide range of services to
Black, Asian, minority ethnic and refugee women and foreign national women in UK prisons,
and their goal is to ensure that the client’s transition from prison back into the community is
as smooth as possible.
Black women are nearly six times as likely as white women to be arrested for fraud, and three
times as likely as white women to be remanded in custody at the Crown Court for fraud offences,
despite, again, similar conviction rates. Although Black women are over twice as likely to be
arrested for violence against the person as white women, they are 46% more likely to plead not
guilty at Crown Court, and 15% less likely to be convicted.
85
79 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
80 Table 5.3, Ministry of Justice (2016) ibid
81 HM Chief Inspector of Prisons (2009) Race relations in prisons: responding to adult women from black and minority ethnic backgrounds, London: The Stationery Office
82 Prison Reform Trust (2015) Sentencing of mothers: improving the sentencing process and outcomes for women with dependent children. London: Prison Reform Trust
83 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
84 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
85 Table A2.13, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
20
Counted Out
Asian women
…we cannot assume that because the family provides the obvious everyday locus
for expressing ambiguities over female autonomy, that it should itself be regarded as
pathogenic; the ambiguities may be less ‘cultural’ than political in a wider sense, less
about the individual women challenging their family values than about their economic
experiences and actions outside of the family, including racism and tacitly restricted
opportunity.
Voluntary sector professional
86
Asian women make up 6.7% of the female population in England and Wales, and 3.9% of the
snapshot women’s prison population. Although this is an under-representation, numbers of Asian
women in prison have increased by 9% since 2012, compared with a 5.7% decrease in the overall
numbers of women in prison.
87
Asian women made up 4.2% of women entering the criminal justice system for the first time in
2016, but 9.1% of first time entrants in London, where they comprise 12.4% of the women’s
population. In the West Midlands however, where Asian women represent 7.5% of the women’s
population, they are 12.2% of first time entrants to the criminal justice system.
88
Forty per cent of Asian women receiving convictions in 2015 had no previous convictions,
compared with 12% of white women. Only 15% of Asian women had more than ten previous
convictions, compared with 43% of white women.
89
SOUTHALL BLACK SISTERS
Southall Black Sisters is a not-for-profit, secular and inclusive organisation, established
in 1979 to meet the needs of Black (defined here as Asian and African-Caribbean) women.
Its aims are to highlight and challenge all forms of gender related violence against women,
empower them to gain more control over their lives; live without fear of violence and
assert their human rights to justice, equality and freedom. Although locally based, the
organisation’s work has a national reach and reputation.
SBS runs an advice, advocacy and resource centre in West London which provides a
comprehensive service to women experiencing violence and abuse and other forms of
inequality. It offers specialist advice, information, casework, advocacy, counselling and self-
help support services in several community languages, especially South Asian languages.
Asian women and girls are less likely to be arrested than white women and girls across almost all
offence types.
90
The exception is for fraud offences, where Asian women are 26% more likely to
be arrested.
86 Quoted in: Bhardwaj, A. (2001) Growing up young, female and Asian in Britain: A report on self harm and suicide. Feminist review No. 68, Summer 2001, pp. 52-67
87 Table DC2101EW, Office for National Statistics (2012) 2011 Census, London: ONS; Table 1.4, Ministry of Justice (2016) Prison population: weekly 31 March 2017, London:
Ministry of Justice; Table 1.4, Ministry of Justice (2013) Prison population: weekly 31 March 2013, London: Ministry of Justice
88 EE1: Estimated resident population by ethnic group and sex, mid-2009 (experimental statistics) available at: https://www.theguardian.com/news/datablog/2011/may/18/
ethnic-population-england-wales accessed 13/06/17 (this data includes women aged 16 years and over); Ministry of Justice (2017) Offending history data tool: First time
entrants, 18 May 2017, London: Ministry of Justice
89 Ministry of Justice (2016) Offending history data tool, September 2016, London: Ministry of Justice
90 Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
21
Counted Out
Asian women are 49% less likely to be arrested than white women, and Asian girls are 75% less
likely to be arrested than white girls. Furthermore, Asian women are 29% less likely than white
women to be charged by the Crown Prosecution Service following arrest, and 36% less likely than
white women who have been charged, to be proceeded against.
91
Stereotypes of Asian women as demure and compliant may influence the low arrest and charging
rates. However, the fact that they are then more than twice as likely to be tried at Crown Court
than white women
92
suggests that once Asian women appear in court as defendants, their offence
may be viewed as more serious than that of a white woman.
Asian women are 51% more likely than white women to plead not guilty at Crown Court,
93
the
highest rate of any ethnic group. Of those cases heard in the magistrates’ court, Asian women
are 42% more likely than white women to be convicted.
94
This is interesting in light of a study of
the impact of race and gender on school children, which found that Asian girls were disciplined
more severely for defying the ‘quiet Asian female’ stereotype.
95
This stereotype may also affect
experiences in custody. Agenda report that a woman in their focus group said her complaint of
racial discrimination had been ignored because ‘you’re seen as the quiet Asian girl’.
96
The data does not show custodial sentencing of Asian women to be disproportionate across all
offence types in comparison with the sentencing of white women, at magistrates’ or at Crown
Court.
97
However, as first time entrants to the criminal justice system, Asian women receive more
severe sentences. In 2016, 28.6% of Asian women received custodial or suspended sentences,
in comparison with 17.5% of white women, while 32% of Asian women and 44.7% of white
women were sentenced with a fine.
98
While the numbers of women convicted for different
offences are too small to analyse, it is possible that more severe sentencing reflects greater
numbers of foreign national women within this group.
Once in custody, Asian women face additional stigma from their community, for themselves and
their families ‘because in the Asian community, a woman, oh no, a woman doesn’t go to prison.
Maybe men, they say prisons are made for men and not for women.’
99
This is echoed in the
research conducted by the Muslim Women in Prison project.
100
The Lammy review has reported that Asian girls are significantly less likely to be arrested
than white girls, but the numbers are too small at the point of sentencing to be analysed for
disproportionality. However, a look at the numbers of girls receiving convictions over the past ten
years raises concerns about the implications for Asian girls. (See Figure 3).
91 Table 5.1, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
92 Table 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
93 ibid
94 Table 5.2, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
95 Connolly, P. (1998) Racism, Gender Identities and Young Children. London: Routledge
96 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
97 Table 5.2 & 5.3, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
98 Ministry of Justice (2016) Offending history data tool, September 2016. London: Ministry of Justice
99 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
100 Buncy, S. and Ahmed, I. (2014) Muslim Women in Prison. Second Chance Fresh Horizons: A study into the needs and experiences of Muslim women at HMP & YOI New Hall
& Askham Grange prisons during custody and post-release, Bradford: HPCA and Khidmat Centres: https://muslimhands.org.uk/_ui/uploads/kqe5a9/MWIP_Report.pdf
22
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Fig 2
Fig 1
Unrecorded
Chinese or other ethnic group
Black or Black British
Asian or Asian British
Mixed
White
Other ethnic group
Black/African/Caribbean/Black British
Asian/Asian British
Mixed/multiple ethnic group
White
-100%
-80%
-60%
-40%
-20%
0%
20%
Asian
Black
White
20162015201420132012201120102009200820072006
80%
82%
84%
86%
88%
90%
92%
94%
96%
98%
100%
201520142013201220112010200920082007200620052004
Unrecorded
Other
Mixed
Black
Asian
White
Figure 3: Percentage change in numbers of girls under 18 receiving convictions
since 2006
101
Women of Muslim faith
…when I’m released their duty stops at the gate but I get another sentence
from the community and that lasts forever!
Muslim woman in prison, quoted by the Muslim Women in Prison Project, 2014
102
On 31 March 2017, there were 251 Muslim women in prison, according to data published by
the Ministry of Justice.
The proportion of Muslim women in custody has increased from 5.2% to
6.3%, over three years since March 2014 (203 women).
103
This is currently the only published data disaggregated by religion. However, HMIP survey
responses from women’s prisons give some indication of the challenges this group of women
may be facing in custody. Women from minority ethnic groups were more likely than white women
to identify as Muslim at all the prisons, revealing a group of women at risk of gender, racial and
religious discrimination. At HMP Foston Hall, where 23% of women from minority ethnic groups
are Muslim, 9% of women from minority ethnic groups said they had been victimised by other
prisoners because of their religious belief, and 5% of women from minority ethnic groups said that
they had been victimised by staff for this reason.
104
101 Ministry of Justice (2016) Offending history data tool, September 2016, London: Ministry of Justice
102 This quote is taken from the testimony of a Muslim woman in prison who was assisted by the Muslim Women in Prison project. Op Cit.
103 Table 1.5, Ministry of Justice (2014) Prison population: 31 July 2014, London: Ministry of Justice
104 HMP Foston Hall (June 2016)
23
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MUSLIM WOMEN IN PRISON PROJECT
Muslim Women in Prison is a pioneering multi-agency project of Huddersfield Pakistani
Community Alliance in partnership with Khidmat Centres in Bradford.
Workers provide advocacy and support to Muslim women in HMP New Hall, HMP Askham
Grange, HMP Bronzefield and HMP Peterborough. Their work includes support with Islamic
divorce, access to children, and immigration, inheritance and other legal matters.
This work has also formed the research for the report, ‘Muslim Women in Prison,’ which
has raised awareness of the barriers faced by Muslim women in HMP New Hall and HMP
Askham Grange. Their research has shown that Muslim women face not only discrimination
from others in custody, but also discrimination from within their own communities. The
women they work with face additional barriers including increased isolation from families,
resulting from the perception that they bring shame and dishonour to their communities.
They are often fearful of violence and reprisal from their families, and some are unable to
return home after release from prison.
‘Mixed ethnic’ women
Through my own personal experiences, I don’t think everyone’s treated the same. I
think as much as we have to educate ourselves, the police need to be educated as
well, be more sensitive.
Woman in prison, quoted by Agenda and Women in Prison, 2016
105
In the 2001 Census, 48% of those identifying in the ‘mixed ethnic’ group identified as Mixed
White and Black Caribbean or Mixed White and Black African, and 29% identified as Mixed White
and Asian.
106
These proportions may not, however, correlate with the identities of those women
coming into contact with the criminal justice system.
It is important to note that individuals may define themselves as ‘mixed ethnic’ while also
identifying as Black or Asian. Individuals may also be viewed by others as Black or Asian
irrespective of how they choose to define themselves. Therefore women within the ‘mixed ethnic’
group may experience inequalities and prejudices in the same way as those that self-identify as
Black or Asian respectively.
The areas of disproportionality for ‘mixed ethnic’ women as a group are most consistent with the
statistics seen for Black women. For example, ‘mixed ethnic’ women and girls are more likely
to be arrested than white women and girls, with ‘mixed ethnic’ women more than twice as likely
(111% more) to be arrested than white women. ‘Mixed ethnic’ women are 21% more likely to
plead not guilty and are 36% more likely to be tried at the Crown Court than white women. They
105 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system,
London: Agenda and Women in Prison
106 ONS (2006) Who are the Mixed Ethnic group? London: ONS
24
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do not experience disproportionate rates of conviction and custodial sentencing to those of white
women, but as these statistics aggregate the numbers of women with a variety of mixed ethnic
identities, it is possible that any disproportion is hidden within the data.
Chinese and ‘other ethnic’ women
The police are bad. They work together with the solicitor. In the end I find out that…
They just want to… finish your case to get paid…Even solicitor is more bad as well…
just money. When you got money you can get away with what you do bad... I am in
legal aid. They never talk for you they just want to finish the case and then that’s it,
bye bye.
Chinese woman with experience of prison
107
The ‘Chinese and other ethnic’ classification encompasses a wide range of ethnic identities, and
there are significant limitations in drawing conclusions about these statistics when different ethnic
groups may be experiencing disproportionate treatment in different ways.
Over half (51%) of respondents identifying within the ‘Chinese or other ethnic’ group in the 2001
Census identified as Chinese, and the remaining 49% were most likely to identify as Filipino,
Japanese, Vietnamese, Arab, Other Middle Eastern or North African.
108
33% of people in the
‘Other Ethnic’ category were Christians, 26% were Muslims, and 15% were Buddhists.
109
In the
2011 Census, approximately 40% of respondents identifying within the ‘other ethnic’ group,
identified as Arab.
While this may give some idea of the backgrounds of women in the classification, it should be
noted that these statistics may not correlate with the identities of those women coming into
contact with the criminal justice system.
Women within the ‘Chinese and other ethnic’ group are 89% more likely to be arrested than
white women, and 32% less likely than white women to be proceeded against. This may indicate
the over-use of arrest powers or increased use of out-of-court disposals, although there is no
evidence to support the latter explanation. Conversely, girls within the ‘Chinese and other ethnic’
group are 22% less likely than white girls to be arrested but 30% more likely to be proceeded
against than white girls.
110
Women within the ‘Chinese and other ethnic’ group are then 54% more likely to be tried at
Crown Court than white women. Those heard at the magistrates’ court are 43% more likely to be
convicted than white women.
111
Women within the ‘Chinese and other ethnic’ group were more than twice as likely to be arrested
for sexual offences and theft offences as white women, and almost five times more likely than
white women to be arrested for fraud offences.
It is worth noting here that sexual offences and
107 This quotation is from a focus group with foreign national women with experience of the criminal justice system, led by the Prison Reform Trust and hosted by Hibiscus
Initiatives in London. A full briefing will be published by the PRT in partnership with Hibiscus Initiatives in autumn 2017.
108 ONS (2005) Who are the ‘Other’ ethnic groups? London: ONS
109 ONS (2005) Who are the ‘Other’ ethnic groups? London: ONS
110 Table 5.1, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the criminal justice system in England and Wales. London: Ministry of Justice
111 Table 5.1, Ministry of Justice (2016) Ibid
25
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theft offences are amongst those likely to be associated to trafficking and coercion. Although
numbers were too few in most cases to be broken down by offence, this analysis showed some
disproportionate experience for drugs offences in the Crown Court, where women within the
‘Chinese and other ethnic’ group were three times more likely than white women to be remanded
in custody.
112
THE CHINESE INFORMATION & ADVICE CENTRE
The Chinese Information & Advice Centre (CIAC) offers support to Chinese people
in the criminal justice system, and has a specialist service for women. Chinese women
may be fearful of the police or other justice professionals, due to language barriers or
their experiences in China, and CIAC provides support in understanding criminal justice
processes and preparing for court.
Cultural awareness training, provided by CIAC, highlighted particular challenges for Chinese
people in the criminal justice system, relating to the concept of ‘face,’ which refers to how
a person is valued or judged by others around them. It creates a stigma which means that
many Chinese people are unable to speak to their families around their experience of the
criminal justice system, impeding rehabilitation and increasing isolation.
Gypsy, Roma and Traveller women
I went once prison when I was 18 years old. It was very bad experience for me…When
I came out from prison the police officer they know me and when they see me in the
street they stop me every time…when we wear long skirts…you don’t do anything and
they stop you and they start following you.
Roma woman with experience of the criminal justice system
113
Prison records indicate about 0.3% of women in custody are Gypsy, Romany and Traveller (GRT)
women, but HMIP survey responses have indicated much higher numbers. In particular, 9% of
women at HMP Foston Hall, 9% at HMP Bronzefield, and 10% at HMP Peterborough,
114
identified
as GRT. These numbers are very high in comparison to official estimates of Gypsies and Travellers
in the general population (0.1%) and even the estimates by GRT organisations (0.5%).
115
Across
all prisons, women have been more likely to identify themselves as GRT than men (7% compared
with 5%).
116
The HMIP report on Gypsies, Romany and Travellers found that this group were more likely to
feel victimised, more likely to be experiencing mental health problems and less likely to feel
safe in custody.
117
There is limited research in this area, particularly considering both the over-
representation and increase in numbers of GRT women going into custody.
118
112 Table A2.16, Ministry of Justice (2016) Black, Asian and Minority Ethnic disproportionality in the Criminal justice system in England and Wales. London: Ministry of Justice
113 This quotation is from a focus group with foreign national women with experience of the criminal justice system, led by PRT and hosted by Hibiscus Initiatives in London. A
full briefing will be published by the PRT in partnership with Hibiscus Initiatives in autumn 2017.
114 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Peterborough (July 2014), HMP Send (February 2014)
115 Gypsy and Traveller population in England and the 2011 Census, London: ITMB; Office for National Statistics (2013) Annual Mid-year Population Estimates, 2011 and 2012,
London: ONS
116 HMIP (2014) People in prison: Gypsies, Romany and Travellers: A findings paper by HM Inspectorate of Prisons. London: HMIP
117 HMIP (2014) People in prison: Gypsies, Romany and Travellers, ibid
118 Friends Families and Travellers (2014) Improving outcomes for offenders from Gypsy and Traveller backgrounds. London: FFT
26
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A small qualitative study by South Wales Women’s Aid of domestic abuse in GRT communities
highlighted some of the specific challenges that women and girls face. Girls are likely to leave
education in their early teens, due to the expectations on them to marry and have children young.
This leads to low literacy levels so women have fewer options open to them. Furthermore, roles
within marriage tend to be heavily gendered, leading to increased risk of domestic abuse. Divorce
is stigmatised making it more difficult for women who experience domestic abuse to leave the
relationship.
119
ROMA SUPPORT GROUP
The Roma Support Group can take referrals from Probation, Youth Offending Teams
and Drug & Alcohol Action Teams and provide meaningful activities for young people in
difficulties.
“I feel our young women benefited from the project as they got involved in something
that they really enjoyed. They gained some practical skills that may divert them from their
offending behaviour; the result was tangible and gave them a real sense of achievement.”
– Haringey YOS Key Worker
FRIENDS, FAMILIES AND TRAVELLERS
Friends, Families and Travellers supports Gypsies and Travellers in prison and carries
out casework on their behalf on any issue they raise. The organisation has also supported
Gypsy/Traveller groups to meet in several prisons in the South East, where inmates can
meet up in a supportive group and talk about their common issues.
119 South Wales Women’s Aid Consortium (2010) Briefing 1: Domestic Abuse & Equality: Gypsy + Traveller Women. London: EHRC
27
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Experiences of custody
I’ve never heard so much racism until I came to jail.
Woman in prison, quoted by Agenda and Women in Prison, 2016
120
Recent prison inspection reports have highlighted concerns about safety for women from minority
ethnic groups and access to support. Our analysis of inspectorate reports at seven prisons
published since February 2014 found that women from minority ethnic groups were more likely
to say they had been victimised because of their race or ethnic origin by other prisoners, at
all prisons except HMP East Sutton Park, where none of the respondents said they had been
victimised by other prisoners.
121
The majority of women in the focus groups conducted by Agenda
also reported experiencing racism from other prisoners and from staff, as well as saying that
racism was worse in prison.
122
Women from minority ethnic groups were more likely at five out of the seven prisons to identify
as foreign national.
123
At HMP Send, they were also less likely to understand written English than
white women.
124
Hibiscus Initiatives have identified a growth in the numbers of people in the
criminal justice system for whom English is not their first language, and report that women and
girls tend to have higher needs in this area as a result of more restricted access to education. This
also has an impact on women’s ability to understand decisions made in relation to criminal cases
and immigration status.
125
The Muslim Women in Prison project has reported on the disadvantages faced by Muslim women
in prison without English language skills, particularly older women, who have had to rely on other
prisoners to interpret for them. As this is not a formal arrangement, there is no guarantee of
continuity: interpreters may be released, or transferred without warning.
126
Women in the focus
groups conducted by Agenda and Women in Prison reported being reprimanded for speaking
other languages, and being told they had to speak in English on the telephone.
127
At HMP Bronzefield, where the governor has stated that over half of women are serving sentences
of two weeks on average,
128
women from minority ethnic groups were more likely to say it was
their first time in prison, and they were less likely to be sentenced. This reflects Lammy review
findings that Black women are more likely to be remanded. Fewer women from minority ethnic
groups at HMP Bronzefield than white women said that most staff treated them with respect, and
they were less likely to say they had a member of staff they could turn to for help.
129
120 This quote is from a focus group: Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice
system, London: Agenda and Women in Prison
121 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Peterborough (July 2014), HMP Send (February 2014)
122 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
123 HMP Eastwood Park (November 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015), HMP Peterborough (July 2014), HMP Send (February 2014)
124 HMP Send (February 2014)
125 Hibiscus Initiatives (2014) The Language Barrier to Rehabilitation. London: Hibiscus Initiatives
126 Buncy, S. and Ahmed, I. (2014) Muslim Women in Prison. Second Chance Fresh Horizons: A study into the needs and experiences of Muslim women at HMP & YOI New Hall
& Askham Grange prisons during custody and post-release. A project of Huddersfield Pakistani Community Alliance (HPCA) in partnership with Khidmat Centres, Bradford:
127 Cox, J. and Sacks-Jones, K. (2016) “Double disadvantage” The experiences of Black, Asian and Minority Ethnic women in the criminal justice system. London: Agenda and
Women in Prison
128 http://www.insidetime.org/month-by-month-april-2017/ accessed 25/04/17
129 HMP Bronzefield (November 2015)
28
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Survey responses from HMP Drake Hall and HMP Peterborough showed further negative
experiences of receptions, as women from minority ethnic groups were less likely to say they had
been searched in a respectful way, or that they had been treated well or very well,
130
in reception,
than white women in the same prisons.
Other responses suggested that the food and products available did not cater to the specific
needs of women from minority ethnic groups, despite prison staff undertaking consultations with
women. Expected outcomes for prison inspections state that women should be offered varied
meals and that food should be prepared and served according to religious, cultural and prevailing
food safety and hygiene regulations. However, responses from four of the prisons showed that
women from minority ethnic groups were less likely to say that the food was good, and less likely
to say that goods in the shop met their needs.
131
At HMP Send, women from minority ethnic
groups were less likely than white women to go on association more than five times a week, or to
go outside for exercise three or more times a week.
132
Safety in custody
For a white person it’s mental health and for a black person
it’s classed as anger management issues.
Woman in prison, quoted by Agenda and Women in Prison, 2016
133
Recorded rates of self-harm are higher among white women in prison, representing over 90% of
incidents over the last ten years.
134
(Figure 4) There are a number of reasons why women from
minority ethnic groups may be under-represented in these statistics, including a lack of trust
in staff, leading to under-reporting, or misreading of the range of emotional responses women
have to trauma. For example, drug dependence has been associated with deliberate self-harm in
women from minority ethnic groups, but not in white women,
135
and is less likely to be recorded as
self-harm.
136
The data shows an increase in the recorded rates of self-harm amongst women from minority
ethnic groups, and in particular amongst mixed ethnic women, which could point to a shift in the
proportion of incidents across ethnic groups, or increased trust or understanding between staff
and prisoners.
130 HMP Drake Hall (July 2016), HMP Peterborough (July 2014)
131 HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015), HMP Peterborough (July 2014)
132 HMP Send (February 2014)
133 This quotation is taken from a focus group: Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the
criminal justice system, London: Agenda and Women in Prison
134 Table 2.7, Ministry of Justice (2016) Self-harm in prison custody 2004 to 2015, London: Ministry of Justice
135 Home Office (2003) The Substance Misuse Treatment Needs of Minority Prisoner Groups: Women, young offenders and ethnic minorities. Home Office Development and
Practice Report 8. London: Home Office
136 See Bhardwaj, A. (2001) Growing up young, female and Asian in Britain: A report on self harm and suicide. Feminist review No. 68, Summer 2001, pp. 52-67, which
summarises and reflects upon the findings of the Newham Asian Women’s Project’s 1998 research report of the same name: http://www.brown.uk.com/selfinjury/bhardwaj.
pdf. For a study of mental health responses to marginalised women including those from minority ethnic groups, see WHEC, Imkaan, Positively UK and Rape Crisis (2014)
I am more than one thing, London; WHEC, Imkaan, Positively UK and Rape Crisis: https://www.whec.org.uk/wp-content/uploads/downloads/2014/05/I-am-more-than-one-
thing-Full-Report.pdf
29
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Fig 2
Fig 1
Unrecorded
Chinese or other ethnic group
Black or Black British
Asian or Asian British
Mixed
White
Other ethnic group
Black/African/Caribbean/Black British
Asian/Asian British
Mixed/multiple ethnic group
White
-100%
-80%
-60%
-40%
-20%
0%
20%
Asian
Black
White
20162015201420132012201120102009200820072006
80%
82%
84%
86%
88%
90%
92%
94%
96%
98%
100%
201520142013201220112010200920082007200620052004
Unrecorded
Other
Mixed
Black
Asian
White
Figure 4: Percentage of self-harm incidents in women’s prisons
137
Responses to HMIP surveys at women’s prisons showed that safety was a more significant
concern for women from minority ethnic groups than for white women.
At HMP Foston Hall, HMP Send and HMP Eastwood Park, women from minority ethnic groups
were more likely than white women to say they had felt unsafe in prison.
138
At six out of seven
prisons, women from minority ethnic groups were more likely than white women to be feeling
unsafe at the time of the survey.
139
They were also less likely than white women, at six out of
seven prisons, to have felt safe on their first night in prison.
140
At three prisons, they were less
likely to say they were able to speak to a Listener at any time.
141
At HMP Drake Hall, HMP Bronzefield and HMP Foston Hall, women from minority ethnic groups
were less likely than white women to identify themselves as having emotional or mental health
issues.
142
At four of the prisons women from minority ethnic groups were less likely than white
women to say they were taking medication.
143
Focus groups conducted by Agenda and Women
in Prison highlighted that mental health issues of women from minority ethnic groups may be
classed as ‘anger management,’ as a result of racial prejudice and stereotyping, and a black
woman is more likely to be sent to segregation than to be referred for appropriate treatment.
144
Research on mental health in the community indicates that people from minority ethnic groups
are more likely than the general population to be diagnosed with mental health problems, yet
more likely to experience a poor outcome from treatment, or to disengage with mental health
services.
145
The evidence suggests it would be unwise to say the least to assume that the lower
137 Table 2.7, Ministry of Justice (2016) Self-harm in prison custody 2004 to 2015, London: Ministry of Justice
138 HMP Eastwood Park (November 2016), HMP Foston Hall (June 2016), HMP Send (February 2014)
139 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015),
HMP Send (February 2014)
140 HMP Eastwood Park (November 2016), HMP East Sutton Park (August 2016), HMP Foston Hall (June 2016), HMP Bronzefield (November 2015), HMP Peterborough (July
2014), HMP Send (February 2014)
141 HMP Drake Hall (July 2016), HMP Peterborough (July 2014), HMP Send (February 2014)
142 HMP Drake Hall (July 2016), HMP Bronzefield (November 2015), HMP Foston Hall (June 2016)
143 HMP East Sutton Park (August 2016), HMP Drake Hall (July 2016), HMP Bronzefield (November 2015), HMP Send (February 2014)
144 Cox, J. and Sacks-Jones, K. (2016) Double Disadvantage: The experiences of Black, Asian and Minority Ethnic women in the criminal justice system, London: Agenda and
Women in Prison
145 https://www.mentalhealth.org.uk/a-to-z/b/black-asian-and-minority-ethnic-bame-communities accessed 25/04/17
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rate of reported self harm amongst minority ethnic women in prison is an indication of lower
mental health needs.
Research in Newham in 2001 found high rates of self harm and suicide amongst young Asian
women in the community and an inadequate service response.
146
The Equality and Human Rights
Commission has reported that in 2014 the probability of Black African women being detained
under mental health legislation in England was more than seven times higher than for white British
women, and that the rate was nearly seven times higher for mixed ethnicity women than for white
British women and four times more likely for Black British women.
147
There are many possible
explanations for this, including the possible unwillingness of women from minority ethnic groups
to seek help at an earlier stage, as explored in the 2014 study by the Women’s Health and Equality
Commission, Imkaan, Positively UK and Rape Crisis ‘I am more than one thing’.
148
Experiences post-release
In research carried out on the needs of women from minority ethnic groups leaving HMP Holloway
in 2013, supported by St Mungo’s, most of the women had at least three support needs recorded
by their workers. Almost all the women (94%) had support needs relating to housing, 43% had
support needs relating to drugs, 31% education and 29% employment. There were more women
in some form of temporary accommodation than there had been prior to entering custody.
149
Minority ethnic women in the criminal justice
workforce?
The following data show the percentage of professionals in the criminal justice system who
identify as Black, Asian or minority ethnic, but there is no gender breakdown available.
Judiciary
150
Twenty eight per cent of court judges, 45% of tribunal judges, and 54% of magistrates are women
but there is no published data broken down by both gender and ethnicity.
Ethnicity of the judiciary is self-declared and non-mandatory. As at 1 April 2017, 83% of court
judges, 93% tribunal judges, and 97% of magistrates declared their ethnicity.
Eleven per cent of magistrates declared themselves as Black, Asian or minority ethnic. Seven per
cent of court judges and 10% of tribunal judges did so. Amongst these, Asian and Asian British
accounted for three per cent, and the remaining three groups, Black and Black British, Mixed
Ethnicity, and Other Ethnic Group accounted for around one per cent each. Black, Asian and
minority ethnic representation is higher for judges aged under 40 - 10% for court judges and
14% for tribunal judges.
146 Bhardwaj, A. (2001) Growing up young, female and Asian in Britain: A report on self harm and suicide. Feminist review No. 68, Summer 2001, pp. 52-67, which reflects upon
the findings of the Newham Asian Women’s Project’s 1998 research report of the same name: http://www.brown.uk.com/selfinjury/bhardwaj.pdf.
147 CAAPC (2016), ‘Old Problems, New Solutions: Improving Acute Psychiatric Care for Adults in England’. Available at: http://www.caapc.info/#!publications/cgbd. Quoted in
EHRC (2016) Healing a divided Britain: the need for a comprehensive race equality strategy, London: EHRC
148 WHEC, Imkaan, Positively UK and Rape Crisis (2014) I am more than one thing, London; WHEC, Imkaan, Positively UK and Rape Crisis: https://www.whec.org.uk/wp-content/
uploads/downloads/2014/05/I-am-more-than-one-thing-Full-Report.pdf
149 Centre for Crime and Justice Studies (2013) Housing needs of women from minority ethnic groups leaving HMP Holloway. London: CCJS
150 Courts and Tribunal Judiciary (2017) Judicial Diversity Statistics 2017. London: Courts and Tribunal Judiciary. Available from: https://www.judiciary.gov.uk/wp-content/
uploads/2017/07/judicial-diversity-statistics-2017-1.pdf [accessed 31 July 2017].
31
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Police
151
Of the 124,066 police officers in England and Wales at 31 March 2016, 29% (35,498) were women
but again there is no published data broken down by both gender and ethnicity.
Six per cent of police officers considered themselves to be from an ethnic minority (a two per cent
increase from 2005), whereas 14% of the general population is from an ethnic minority.
Of those who identified as being from an ethnic minority, 29% were of mixed ethnicity, 19% from
Black or Black British backgrounds, 39% identified as Asian or Asian British backgrounds, and
11% were from ’other‘ ethnicities.
National Offender Management Service / HM Prisons and Probation
The NOMS (now HMPPS) staff consists of 32,835 staff in public sector prisons, 9,631 in the
National Probation Service and 3,443 in NOMS HQ and area services.
152
Women accounted for
46.8% (21,492) of staff in NOMS but there is no published data on their ethnicity. Overall only
76.6% of staff declared their ethnicity and of these, 7.9% (2,794) identified as Black, Asian or
minority ethnic.
Caution should be used in interpreting this figure as there were different declaration rates across
the different parts of NOMS. In National Probation Service (NPS) grades, the declaration rate was
only 49.6%. The lower declaration rates are due to ‘protected characteristics’ information not
being migrated from Probation Trusts when the NPS was formed in 2014 in a major reorganisation
of probation services.
Crown Prosecution Service
153
Within the Crown Prosecution Service, 50.23% of barristers and 60.39% of solicitors were
women, and overall 15.6% of barristers and 14.4% of solicitors identified as Black, Asian or
minority ethnic. There is no breakdown available by both gender and ethnicity.
151 House of Commons Library (2017) Briefing Paper: Police Service Strength. London: House of Commons Library. Available from: http://researchbriefings.files.parliament.uk/
documents/SN00634/SN00634.pdf [accessed 13 July 2017].
152 Ministry of Justice (2016) National Offender Management Service Staff Equalities Annual Report 2015/16. London: Ministry of Justice. Available from: https://www.gov.uk/
government/uploads/system/uploads/attachment_data/file/571721/noms-staff-equalities-report.pdf [accessed 13 July 2017].
153 Crown Prosecution Service (2016) Workforce Diversity Data 2015-16. Available from: http://www.cps.gov.uk/data/equality_and_diversity/workforce_diversity_data_2015_16.
html [accessed 13 July 2017].
32
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Conclusions
Any serious attempt to achieve equal outcomes for all women in the criminal justice system,
must include a determination to understand the impact of both racism and sexism together. Data
should be gathered and analysed to shed light on the structural inequalities which women may
experience through what has been termed ‘multiple intersecting discrimination’. Solutions must
be based on the recognition that where racial inequality is viewed as gender-neutral, or gender
inequality as race-neutral, the experiences of women from minority ethnic groups are made
invisible.
154
The criminal justice system does not exist in a vacuum and will always be subject to the dynamics
that exist in wider society. However this is neither an acceptable excuse nor should it be a
disincentive to taking action to redress the balance. It is clear from the evidence presented in
this report, as well as the gaps it has identified, that action is needed at national and local level to
end unfairness and perceptions of unfairness against women from minority ethnic groups. This
is important for an effective justice system as well as to improve outcomes for vulnerable women
and their families.
National and local government and criminal justice agencies must adopt consistent, rigorous and
transparent data monitoring in order to establish an accurate baseline and measure progress.
Improving the representation of women from minority ethnic groups in the criminal justice
workforce, as well as in juries, is also key to achieving cultural change.
The pressure faced by organisations, delivering services around a broad range
of intersecting issues, when they are also the only ‘safe space’ for a woman is
enormous. Yet policy and commissioning decisions rarely reflect this. Commissioning
approaches which favour low cost models, rather than meaningful transformation,
cannot deliver the best outcomes for women and girls more broadly – but are even
more likely to fail those women who are most marginalised.
Imkaan and Ascent (2016) Good practice guide; Safe pathways? Exploring an
intersectional approach to addressing violence against women and girls
Government strategies and the ongoing work of criminal justice agencies must be informed
by insights from women with diverse backgrounds, and by the expertise of specialist, woman-
centred organisations working within minority ethnic communities. This can only be achieved
with an infrastructure in the form of a sustainable national network of gender-specific services that
can support and champion vulnerable women in the community.
Consistent leadership from central government is critical. While the circumstances of individual
women will vary in every case, there are common themes and standards that could helpfully be
adopted at both national and local level. The recommendations in this report are designed to
spur progress. Unless these measures are put in place, the specific needs and experiences of yet
another generation of women from minority ethnic groups will be counted out.
154 Mirza, H. S. (2008) ‘Ethnic minority women: A prospectus for the future,’ in Seeing Double: Race and gender in ethnic minority women’s lives. London: Fawcett Society
33
Counted Out
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A report setting out the findings of the Muslim
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34
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Women in Prison. It found that women did not feel
heard in court proceedings and felt that racial bias
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providing a ‘safe space for these women’ where
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judgmental approach, requiring ongoing challenge
to perceived notions of womanhood and broader
cultural perceptions of identities. They advocate for
a woman-centred approach and cultural analysis in
service delivery.
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recognise diversity within communities and highlight
that experience of disadvantage differs across
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and disadvantage influence perceptions about the
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most ethnic minority groups are more likely than
men to have no qualifications, poorer literacy skills
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Evidence across the life course. Yorkshire: DMSS
This is a report commissioned by Barrow Cadbury
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Trust, as members of the Corston Independent
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the underlying causes of risk and disadvantage for
women and girls. The report identifies some specific
barriers for women from minority ethnic groups, but
also recognises the limitations of available studies,
and the need for further research exploring both
gender and ethnicity as dynamics contributing to
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This is a guide produced by NOMS Women and
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th
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notes that inequalities and discrimination are
exacerbated for women from minority groups due to
socioeconomic marginalisation and discrimination.
It draws attention to the recommendations of the
35
Counted Out
Useful organisations
Agenda
www.weareagenda.org
Agenda: Alliance for Women and Girls at Risk
campaigns for systems and services to be
transformed; to raise awareness across sectors;
and to promote public and political understanding
of the lives of women and girls facing multiple
disadvantage.
Bawso
www.bawso.org.uk
Bawso is an all Wales, Welsh Government
Accredited Support Provider, delivering specialist
services to people from Black and minority ethnic
backgrounds who are affected by domestic abuse
and other forms of abuse, including female genital
mutilation, forced marriage, human trafficking and
prostitution.
Birth Companions
http://www.birthcompanions.org.uk/
Birth Companions supports women experiencing
severe disadvantage during pregnancy, birth and
early parenting to overcome the inequalities they
face and fulfil their potential.
Black Training and Enterprise Group (BTEG)
www.bteg.co.uk
BTEG plays a unique role by supporting Black,
Asian and minority ethnic civil society organisations,
providing a national voice and promoting equality,
inclusion, collaboration and entrepreneurship in
Black, Asian and minority ethnic communities.
Chinese Information and Advice Centre
http://ciac.co.uk/
The CIAC assists adult offenders of Chinese heritage
serving their community sentences or license. They
play a bridging role between London probation staff
and offenders of Chinese origin.
Friends, Families and Travellers
http://www.gypsy-traveller.org/
Friends, Families and Travellers supports Gypsies
and Travellers in prison and carries out casework on
their behalf on any issue they raise. The organisation
has also supported Gypsy/Traveller groups to meet
in several prisons in the South East, where inmates
can meet up in a supportive group and talk about
their common issues.
2010 UN Bangkok Rules, encouraging governments
to address the needs of women who are members
of minority groups and the multiple discrimination to
which they can be subject.
Fawcett Society (2010) Realising rights: increasing
ethnic minority women’s access to justice. London:
Fawcett Society
Chapter 2. Offending: ethnic minority women’s
experiences as suspects and offenders
This chapter travels the offender pathway to identify
the ways that ethnic minority women suspects and
offenders are treated unfairly, and what needs to
change.
Fawcett Society (2006) Good practice in meeting the
needs of ethnic minority women offenders and those
at risk of offending. London: Fawcett Society
HMIP (2009) Thematic report by HM Inspectorate
of Prisons: Race relations in prisons: Responding
to adult women from black and minority ethnic
backgrounds. London: HMIP
This paper provides an overview of the different
experiences and specific needs of minority ethnic
adult women in prison, highlighting the contextual
effects of multiple discrimination; being a ‘woman’,
from a ‘minority ethnic’ group, often from ‘minority
nationality groups’ and from ‘lower socioeconomic’
backgrounds.
Owens, Elizabeth (2010) Exploring the experiences
of Minority Ethnic Women in Resettlement:
What role, if any, does ethnic culture play in the
resettlement of Black (African‐Caribbean) women
offenders in the UK? London: The Griffin Society
This research paper was written by a Griffin Fellow
working for Women in Prison, and explores the role
of ethnic culture in the resettlement experiences
of minority ethnic women in London, through
interviews with service users and providers.
36
Counted Out
Hibiscus Initiatives
http://hibiscusinitiatives.org.uk/
Hibiscus aims to improve the quality of life for those
who are marginalised by language and culture by
increasing awareness of the prison system and their
rights by enabling them to access and exercise these
rights. They provide a wide range of services to
BAMER and foreign nationals in UK prisons, and
their goal is to ensure that the client’s transition from
prison back into the community is as smooth as
possible.
Howard League for Penal Reform
www.howardleague.org
The Howard League is a national charity working for
less crime, safer communities and fewer people in
prison. It has the only frontline national legal team
specialising in the legal rights and entitlements of
children and young people in custody.
Imkaan
www.imkaan.org.uk
Imkaan is a UK-based, black feminist organisation
dedicated to addressing violence against
women and girls. As a second-tier, human rights
organisation, with national membership, Imkaan
represents the expertise and perspectives of frontline
specialist women’s services that work to prevent and
respond to violence against women and girls.
Irish Chaplaincy
www.irishchaplaincy.org.uk
Irish Chaplaincy provides services and support to
excluded, vulnerable and isolated people in the Irish
community in Britain, irrespective of their beliefs
and attitude to the church. They visit over 400 Irish
women and men in prisons in England and Wales
each year.
Muslim Women in Prison
The Muslim Women in Prison project has built
partnerships with a number of male and female
prison and probation services, youth groups and
community organisations across the country to
address the concerns of Muslim prisoners and aid in
their rehabilitation upon release.
The Muslim Hands ‘Muslim Women’s Prisoner
Rehabilitation’ programme coordinator Sofia Buncy
won a Butler Trust Award in 2017 for her work. As
well as offering tailored support to Muslim women
in prison both while they are serving sentences and
when they are released, the project aims to tackle
the stigma that surrounds the issue of women in
prison within the Muslim community and beyond.
For more information about the Muslim Women’s
Project see: https://muslimhands.org.uk
Revolving Doors Agency
www.revolving-doors.org.uk
Revolving Doors Agency aims to demonstrate and
share evidence of effective ways to reform public
services, transforming the lives of individuals
currently failed by the system. They work in
partnerships with national and local government,
policymakers, commissioners and academic
researchers.
Roma Support Group
http://romasupportgroup.org.uk/
The Roma Support Group can take referrals from
Probation, Youth Offending Teams and Drug &
Alcohol Action Teams and provide meaningful
activities for young people in difficulties.
Ruth Chigwada-Bailey
http://www.criminologyinmillennium.co.uk
Ruth is an independent consultant criminologist
and Director of Criminology In The Millennium. She
specialises in race, gender and criminal justice.
Southall Black Sisters
www.southallblacksisters.org.uk
Southall Black Sisters is a not-for-profit, secular and
inclusive organisation, established in 1979 to meet
the needs of Black (defined here as Asian and
African-Caribbean) women. Its aims are to highlight
and challenge all forms gender related violence
against women, empower them to gain more control
over their lives; live without fear of violence and assert
their human rights to justice, equality and freedom.
User Voice
www.uservoice.org
User Voice are engagement specialists who run
consultations, Councils and deliver peer mentoring
training. They work with Prison Reform Trust on
running Women’s Councils where women with lived
experience of the criminal justice system can talk
about what happened and to make suggestions for
service improvement.
Women in Prison
www.womeninprison.org.uk
Women in Prison supports women to avoid and exit
the criminal justice system and campaigns for the
radical changes needed to deliver support services
and justice for women.
Prison Reform Trust
15 Northburgh Street
London EC1V 0JR
T. 020 7251 5070
www.prisonreformtrust.org.uk
About the Prison Reform Trust
The Prison Reform Trust is an independent UK charity working
to create a just, humane and effective prison system. We have
a longstanding interest in improving criminal justice outcomes
for women and our strategy to reduce the unnecessary
imprisonment of women in the UK is supported by the Big
Lottery Fund.
The purpose of this briefing is to help ensure that women from
Black, Asian and minority ethnic groups are ‘counted in’ – so
that their experiences, needs and circumstances are identified
and included in criminal justice policy development and service
provision. There is still a ‘data deficit’ with very little of the
information collected about people in the criminal justice system
being analysed by both gender and race or ethnicity.
This can obscure different kinds of disadvantage, bias and
inequality. In this report, data from a wide range of sources
underpins practical recommendations to end unfairness and
perceptions of unfairness, increase transparency, and improve
outcomes for Black, Asian and minority ethnic women and the
organisations that support them.
