Source · Select Committees · Justice Committee
Recommendation 16
16
Accepted
Paragraph: 93
High number of low-risk women unnecessarily placed on custodial remand.
Conclusion
We are concerned by the high number of women placed on remand despite the often low risk that they pose to the public and the fact that many will not go on to receive a custodial sentence. The Ministry of Justice has acknowledged this is a problem, but more action needs to be taken to ensure that low-risk women receive the support The role of adult custodial remand in the criminal justice system 45 they need to await trial in the community rather than remanding them to custody, particularly if it is unlikely that they will receive a custodial sentence following trial. We would welcome an update on the progress on the Female Offender Strategy with regard to ensuring that custodial remand is not used as a default alternative where community provision is not available. We would also welcome an update on the commitment to provide specialist accommodation, finance and debt support for all women on remand or sentenced to custody, due to have commenced in summer 2022.
Government response summary AI-generated
The government detailed existing support for accommodation and homelessness and committed to extending Community Resettlement Service contracts for accommodation and Women’s Services to include unsentenced people in prison, noting that two regional contract extensions have already commenced.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
93
Government Response
Accepted
HM Government · verbatim extract
Accepted
We accept this recommendation. The Bail Act 1976 sets out that a court should only consider remand in custody if there is a real prospect that the defendant if convicted would face a custodial sentence. We currently offer a Bail Information Service (BIS) in every woman’s public sector prison with prisoners on remand from England and Wales. The BIS provides courts with factual and verified information about a woman’s individual circumstances which enables courts to make fully informed decisions about bail or custodial remand. The Female Offender Strategy Delivery Plan, published on 31 January 2023, committed to commencing first hearing bail report pilots in Cardiff and Ipswich Magistrates’ Courts to ensure those courts receive advice from BIS on all women defendants. These pilots began in December 2022. In the draft Mental Health Bill, published on 27 June 2022, we set out reforms which will prevent courts from remanding a defendant for their own protection solely on mental health grounds, including where their concern relates to a risk of self-harm. Following the unification of the Probation Service in June 2021, the new resettlement approach provided an embedded pre-release provision, delivered by the Probation Service, in women’s resettlement prisons. Pre-Release Teams help to address immediate resettlement needs for all women in the prison, including the unsentenced. This includes sustaining accommodation on reception where possible, making referrals for accommodation and signposting women towards specialist advice for finance and debt support. Currently Commissioned Rehabilitative Services (CRS) Women’s Services are only available for sentenced women in prison and women on probation in the community. We will update the Committee on plans to extend CRS Women’s Services to unsentenced women in due course.
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