Diverting Women Offenders and the Women Specific Condition (within the national Conditional Cautioning Framework)
Introduction
This guidance has been produced to assist prosecutors in deciding if the authorising of a conditional caution with a Women Specific Condition (WSC) is an appropriate disposal. This guidance should be read in conjunction with the Legal Guidance on Cautioning and Diversion.
Together, these documents support and underpin the Code for Crown Prosecutors by providing additional guidance. The Code for Crown Prosecutors sets out in section 7 the role of the CPS in relation to out-of-court disposals and the circumstances in which a conditional caution may be offered.
Prosecutors are also assisted by Standard 3 of the CPS Casework Quality Standards which sets out the considerations that will help inform our decisions around the use of out-of-court disposals.
General Principles
A number of CPS Areas have bespoke facilities providing tailored support to help address the particular needs of women and the drivers behind their criminal behaviour, for example, drug or alcohol abuse or involvement in an abusive relationship.
These facilities are provided by both statutory and voluntary sector agencies. They may be, for example, dedicated Women's Community Projects or similar 'One-Stop-Shops'.
Where such facilities exist, and a conditional caution may be an appropriate disposal, prosecutors should consider the suitability of the offender for a Women Specific Condition, especially where a referral to a Women's Community Project might lead to the breaking of their cycle of offending.
The same principles apply if similar services exist to support male offenders.
Background
In 2006 Baroness Corston published 'A Report by Baroness Jean Corston of a Review of Women with Particular Vulnerabilities in the Criminal Justice System' (‘the Corston Report’).
The Corston Report together with the Government's Response to the Report published in December 2007, highlights how:
- women with histories of violence and abuse are over represented in the criminal justice system and can often be described as victims as well as offenders;
- proportionately more women than men are remanded in custody;
- women commit a different range of offences from men. They commit more acquisitive crime and have a lower involvement in serious violence, criminal damage and professional crime;
- drug addiction plays a substantial part in all offending and this is disproportionately the case with women; and
- mental health problems are far more prevalent among women in prison than in the male prison population or in the general population.
The government reviewed the progress made against the recommendations and published an updated Female Offender Strategy in June 2018. A copy of the strategy can be found here:
The strategy confirms that for all offenders, custody should be a last resort, reserved for the most serious offences. The impact of custody on women, many of whom are sentenced for non-violent, low level but persistent offences, often for short periods of time, is particularly significant.
The prevalence of anxiety and self-harm incidents is greater than for male prisoners. As more female offenders are primary carers than their male counterparts, custodial sentences lead to a disproportionate impact on children and families and a failure to halt the intergenerational cycle of offending.
The evidence review suggests that interventions should be tailored appropriately to the particular needs of women and that this can be more effective than applying a generic approach to men and women alike.
The strategy is driven by three priorities:
- earlier intervention;
- an emphasis on community-based solutions; and
- an aim to make custody as effective and decent as possible for those women who do have to be there.
The strategy also sets out the framework for taking this forward through effective partnerships, at national and local level. It stresses the role of third sector partners, such as women’s centres and working with local statutory bodies.
Together Women Projects
In order to address the needs of women who had offended, to reduce their re-offending and to prevent them becoming involved in crime, 'Together Women Projects' (TWP) began operating between late 2006 and early 2007 at five centres in the North West and the Yorkshire and Humberside National Offender Management Service (NOMS) Regions.
Although they vary dependent on local requirements, they all generally include the provision of a women-only safe space with an all-female permanent staff group as a primary principle for service delivery.
In addition, they provide:-
- a 'one-stop-shop' whereby women can access a range of services in one place or from one key worker having specialist knowledge and expertise in working with women;
- the provision of a holistic, needs-led and women-centred response to address wide-ranging needs and co-ordinate the right packages of services and support. This approach is designed to enhance existing services and provision, not to replace them, and to ensure that the issues any woman presents with are not dealt with in isolation;
- a focus on health. This ranges from primary and secondary care to sexual health, mental health, substance use and health of children and families;
- the working in partnership between a variety of agencies to deliver services to women and their children. This may include improving parenting skills, supporting women through child protection procedures, assist with child care and working to reduce family breakdowns. Indeed by working to improve the life chances and opportunities of women, the circumstances and lives of their children and families are also likely to improve, thereby reducing likelihood of intergenerational poverty or offending;
- strong links to educational services, to support women into education at the appropriate level, whether to improve basic skills, increase employability or provide opportunities to engage in voluntary work. All are beneficial to enhancing a woman's skills and boost self-esteem and confidence;
- the provision of practical and emotional support aimed at promoting empowerment, self-esteem and improving emotional well-being; and
- an emphasis on a multi-agency and partnership working, promoting access to and use of relevant statutory and non-statutory services.
Where Women’s Centres or Women Only Conditional Cautioning Projects exist, a Conditional Caution can be issued to women offenders requiring them to attend a full needs assessment at an appropriate Centre. The aim of the intervention is to address and reduce the offending behaviour and break the pattern of offending (in particular, of those who have experienced domestic abuse).
Suitability
Part 3 of the Criminal Justice Act 2003 sets out the requirements that are necessary before a conditional caution may be issued. Further guidance can be found in the Legal Guidance on Cautioning and Diversion.
Conditional cautions should not be used in the context of serious offending. The offences for which a conditional caution may be administered are set out in the Director's Guidance on Conditional Cautioning.
However, where women have committed minor offences or sometimes even offended on a persistent basis (for example, shoplifting) and there is good reason to believe that the imposition of a condition involving a referral to a Women's Community Project or similar may properly address the individual's criminal behaviour, a conditional caution with a WSC may be an appropriate disposal.
The referral of the offender to a Women's Community Project or similar is a rehabilitative condition. Such a condition may be useful where various factors relevant to the woman concerned are identified at the time of decision making. These could include:
- evidence of domestic or sexual abuse;
- mental health issues;
- drug use;
- alcohol dependency; and
- parenting issues.
The imposition a conditional caution is a serious matter. It forms part of the offender's criminal record and may be cited in subsequent court proceedings.
The imposition of a non-prosecution disposal must always be proportionate to the seriousness of the offending. It would therefore be inappropriate to authorise a conditional caution with a WSC in circumstances where a proportionate disposal would be a simple caution or other informal action.
More information about projects can be found here.