A 'radical and ambitious' approach for women who break the law

This followed an earlier decision by the Scottish Government to close HMP Cornton Vale, Stirling, by no later than 2018.  HMP Cornton Vale has had a notorious history, with the Scottish HM Inspectorate of Prisons highlighting in 2009 that the prison was in a ‘state of crisis’ where aspects of its regime were ‘not fit for purpose’.  Whilst the above announcement by the Scottish Government is welcomed, we believe Scotland must now go much further in both dismantling its current custodial provision and developing non-custodial alternatives for women. Although our discussion is focused upon Scotland as a case study, many of the arguments and policy suggestions are equally relevant for the rest of the United Kingdom.

Justice Secretary Michael Matheson has stated that Scotland, as a ‘modern and progressive country’, ‘needs to take a more radical and ambitious approach’ in dealing with the law-breaking of women. We would also like to see a number of ‘radical and ambitious’ alternatives adopted which support women who have experienced violence, harm, poverty and discrimination. Part of this approach should be the expansion of therapeutic interventions. 

The women held in Scottish prisons have been failed by our society rather than present a danger to our society. 

According to the Commission on Women Offenders, in 2012, 80% of women in prison in Scotland were sentenced for non-violent property offences, and though 2% of women have committed offences of ‘serious violence’,  we do not believe it is helpful to construct a dichotomy between ‘women with vulnerabilities’ and ‘women who should be in prison to protect the public and to mark the seriousness of their crimes’ (ibid). 

In 2007, Baroness Jean Corston, following her visit to Turning Point 218 Centre Glasgow, proposed the idea for ‘small custodial units for women'.  Dame Angiolini and the Commission on Women Offenders also drew inspiration for their proposal of small local women’s prisons from the Turning Point 218 Centre Glasgow.  This provision currently has 12 places and is largely for women who self-refer but one of its floors is secure so that women sent there by order of a court can be prevented from leaving.  The Turning Point 218 Centre Glasgow therefore is predicated upon a custodial sanction and despite the best intentions of its staff shares the miserable characteristics of other prisons in that it can dehumanise, humiliate, crush the human spirit and wreck lives. The Scottish Government must be more ‘radical and ambitious’ than this.

What women law breakers really need is practical help, and their voices heard and respected, with new policies formulated and adopted which endeavour to meet their needs as they understand them. This ultimately means tackling the social inequalities and injustices that plague the lives of so many women imprisoned in Scotland today.  

Wherever possible women should be diverted from the criminal process with new options available grounded in self-help and therapy where appropriate.  For example, Community Justice Centres could be expanded to allow greater participation from women in the community fostering local mentoring schemes so that women can grow and develop at their own pace.  Another possible radical alternative (and one we shall consider in further depth) is the adoption of Therapeutic Communities (TC) in-place of a custodial sentence for women.  We believe that this initiative can help women who have substance use problems in way that does not endanger family relationships.

A TC is a micro community where people with problems associated with substance use live together in an organised and structured way in order to promote change and make possible a life whereby they no longer rely on substances. TCs use a holistic approach based on principles of self-help and mutual aid that encourages constructive participation amongst all its members and engage with people’s problems whatever they may be.  TCs provide an opportunity for its residents to explore the underlying and outstanding issues that surround their use of substances and develop tools, resource and skills that they can transfer into the wider community to aid their recovery.

In the United Kingdom, there are a number of TCs that have a child care and parenting programme integrated into the regular residential programme. They are colloquially known as family services as they specifically cater for parents (including gender-specific programmes) who need help with substance use whilst living with their children.  Participation in family-orientated services appears to be particularly suitable for the needs of mothers with a history of substance use: decreasing criminal activity, increasing self-esteem, and improving parent child relations.

All women should be treated with respect and the focus should be on needs of women rather than their offending behaviours.  Women with vulnerabilities must be given help that is not be dependent upon her willingness to engage with rehabilitative programmes.  Interventions should be grounded in meeting her inherent dignity and need as a fellow human.  Women in prison is Scotland are excluded from many of the good things in life and prison and punishment only further exacerbate this.  The complex needs of women who have histories of abuse and disadvantage must be recognised and addressed and greater efforts must be made to support women to help them stay with their children in the community. 

The Scottish Government currently stands at a crossroads with a genuine historic opportunity for radical change in which Scotland could build on the political momentum generated by the Scottish independence campaign and become a world leading promoter of therapeutic interventions and other alternatives to penal custody and social inequalities. In so doing this will create a clear distinction between prison policies in Scotland with those of England and Wales and offer a new distinct approach consistent with the values of Scottish socialism.  The time is now for the Scottish Government to make a bold statement and lead the way for progressive change in policy across Europe.