Comprehensive new report by the Prison Reform Trust and Hibiscus Initiatives
Too many foreign national and trafficked women face inappropriate imprisonment, the Prison Reform Trust and Hibiscus Initiatives said in a report published on Monday.
The comprehensive 60-page report, Still No Way Out: Foreign national women and trafficked women in the criminal justice system, is here.
The Prison Reform Trust and Hibiscus Initiatives found that foreign national women, many of whom are accused or convicted of non-violent offences and who have in many cases been trafficked or coerced into offending, are receiving inadequate legal representation, poor interpreting services and disproportionate punishment.
Problems have been exacerbated by the Government's 'hostile environment' policy, with its overarching aim of deporting foreign national offenders as quickly as possible.
Katy Swaine Williams, Senior Project Officer at the Prison Reform Trust's Transforming Lives programme to reduce women's imprisonment, explained:
"Foreign national women remain largely hidden in our justice system, with the authorities focusing on their removal and not their rehabilitation. Our report reveals that very limited official information is recorded or analysed about the nature of these women's offending and outcomes in terms of sentencing, reoffending and rehabilitation. Specialist support for foreign national women is scarce and criminal justice practitioners are often not equipped to ensure they understand the process and are fairly treated. Despite legislation to protect victims of trafficking, current processes are failing to identify vulnerable women and prevent their prosecution for offences they were compelled to commit."
The report expresses concern over the lack of adequate legal representation for foreign national women in the criminal justice system. Its says that foreign national women need independent legal advice as early as possible, including legal aid immigration advice before entering a plea, and while in prison, but this is rarely provided. It adds: "defence lawyers often fail to raise factors such as abuse and trafficking early in the criminal justice process. They often lack expertise in the interaction between criminal and immigration proceedings and may not appreciate the risks of deportation if a woman receives a custodial sentence of over 12 months."
Katy Swaine Williams told The Independent that the Government appeared to have a conflict of interest between immigration control and protecting victims of trafficking.
"There are conflicted priorities here. The hostile environment is an important question to raise – is the government thinking first and foremost about immigration, while trafficking is further down on the priority list? How do we reconcile this context of hostile environment with our overriding objective of eradicating trafficking, when in fact people who are victims of trafficking are in many cases likely to be vulnerable foreign national women who will be on the margins?" she was quoted as saying.
Adrienne Darragh, Chief Executive of Hibiscus Initiatives, said she hoped the report will act as a catalyst in leading to positive changes in the experience of foreign national and trafficked women caught up in the criminal justice system.
Darragh said: "The government's intention to imprison fewer women for non-violent crimes is very welcome. Acting on this report's proposals will help ensure that vulnerable foreign national and trafficked women are not punished disproportionately and have equality of access to justice."