Abstract
This report, Double Disadvantage, captures the voices, experiences and reflections of black, Asian and minority ethnic (BAME) women in the Criminal Justice System (CJS). The report is based on research with three focus groups, two in prison and one in the community, involving 20 BAME women. The project was a collaboration between Women in Prison 1 and Agenda. 2 The report helpfully contextualizes the research with an overview of BAME women in the CJS. This evidences the over-representation of BAME women, particularly black/black British women. It notes, for example, that 8.8 percent of female prisoners are black/black British despite representing just 3.3 percent of the general population. It comments that BAME women are more likely to be living in a deprived area, to be subject to poverty, to have experienced being in care and being excluded from school. They face the same barriers to accessing services as white women but are further disadvantaged by racial discrimination, stigma, isolation, cultural differences, language and lack of employment skills.
Four themes emerged from the research. The women did not feel their voices and stories had been heard in court.
All the women felt there had not been the opportunity for them to explain their circumstances during trial. Many felt that issues such as psychological assessments and caring responsibilities were not considered.
They felt that prejudice and subconscious ethnic or racial bias affected jury assumptions and sentencing decisions.
The women who had been tried by jury raised concerns about the gender, ethnic and age composition of juries, in particular that they were dominated by older, white men. They felt this meant they had less understanding of their lives and were subconsciously biased against them. The women felt they were unfairly subject to deterrent sentencing and that this was also a result of subconscious prejudice.
The impact of their sentences on their families is extensive and far-reaching.
The women commented that caring responsibilities should be taken into account when sentencing. This issue disproportionately affects black women. More than half black African and Caribbean families are headed by a lone parent compared to less than a quarter of white families and just over a tenth of Asian families.
Language and the lack of translators can be a significant barrier throughout the criminal justice process.
Women reported receiving court papers they could not read, having to attend medical appointments and not understanding what they were told, and facing barriers to education and rehabilitative opportunities. They also reported being told to stop speaking a foreign language when on the telephone.
The research also revealed experiences of racism in prison. The participants felt that BAME women have to work harder for enhancements and were subject to stereotyping by staff and other prisoners.
Of particular interest to probation practitioners will be the comments from the women about their experiences of probation. The significance of a positive relationship between the women and their probation officers is clear, reported by one participant as central to her ability to change her life.
The report concludes with recommendations from the women on how to improve the system. Doubly Disadvantaged is a concise report that, in addition to presenting research findings, gives space and prominence to the participants’ voices. It is an accessible introduction to the issues for practitioners seeking to understand the experiences of BAME women in the criminal justice system.
Double Disadvantage: The Experiences of Black, Asian and Minority Ethnic Women in the Criminal Justice System (April 2017), published by Agenda, the Alliance for Women and Girls at Risk, and Women in Prison (WIP), is available to download from: http://www.womeninprison.org.uk/research/reports.php?s=2017-04-21-double-disadvantage