Sheriffs defend sentencing of female offenders

Originally published in The Herald, 14/8/2009

Sheriffs have defended their use of short sentences for female offenders and refuted claims that women are treated more harshly than men by the judicial system.

The comments come after Justice Secretary Kenny MacAskill said that male chauvinism in the political and judicial systems could be partly to blame for the high number of female prisoners in Scotland, the figure has risen 90% in the past decade.

During a recent visit to Cornton Vale Prison near Stirling, where over the past 10 years 70% of women have served a maximum of six months behind bars, Mr MacAskill also criticised the high volume of short-term sentences given to women.

It is widely held that the short period many women spend in jail has little impact on their rehabilitation or drug and alcohol problems, which affect 95% of women at Scotland’s only all-female prison.

But the Sheriffs’ Association said it “broadly supported” a private submission, made by two experienced sheriffs to the Scottish Government, that even a very short sentence can have a positive effect.

The report also stated that gender did not influence the sentencing process and that offenders of both sexes were treated as individuals with specific circumstances.

The submission said: “We do not treat women differently from men. We do not think that it would be appropriate to approach all female offenders on some sort of generalised basis on the basis of gender.

“We do not accept claims that women are treated more harshly than men in the Scottish legal system. We have not seen any actual evidence in support of this assertion.”

The sheriffs were interviewed as part of a review of female offenders being carried out by the government’s Equal Opportunities Committee.

They were asked if women were sent to Cornton Vale “as a form of sanctuary” and if some offenders were deliberately trying to get a prison sentence so that they can be supported in Cornton Vale.

The sheriffs said that custody was a “last resort” to be used only if there was no other appropriate alternative and that accessing services was “not an appropriate reason” to send someone to prison.

“We imagine that there may be women who commit crimes in order to be sent to Cornton Vale,” the submission said.

It was also put to the committee that rehabilitation was only one element of the sentencing objective, and that punishment and public protection should also be considered.

“Other sentencing objectives include such things as punishment, deterrence and protection of the public, taking into account also any previous record of offending and any previous record of non-compliance with community disposals.”

The sheriffs, who have not been named, said they wanted more centres like the 218 Project in Glasgow, a residential programme for women that aims to address the root causes of offending, from drug abuse to trauma and poverty.

Mr MacAskill, as revealed in The Herald yesterday, suggested that women were treated more harshly than men by the courts because “society did not expect women” to commit crimes.

There is some limited evidence to suggest that in particular types of cases, women are more likely to receive a custodial sentence than a man.

Robert Brown, Liberal Democrat Justice Spokesman and a former procurator-fiscal depute and defence lawyer, said: “There are underlying issues for many of the women which you can’t expect the criminal justice system to sort out.

“My experience is that sheriffs would bend over backwards not to send a woman to prison.

“MacAskill may speak of make chauvinism, but there is also an element of old fashioned male gentility when it comes to sentencing women. Pehaps they [the sheriffs] just don’t like the idea of a woman going to prison.”