Women & The Justice System

Women & the Scottish Justice System

Scotland's Evolving Perspective

Scotland, once home to the second-highest female prison population in Northern Europe, has undergone a significant shift, now boasting one of the lowest female prison populations on the continent.

Critical Observations (February 2011):

• Brigadier Hugh Munro, Chief Inspector of Prisons, raised concerns about HMP Cornton Vale, Scotland's sole women's prison.
• Overcrowding: Designed for 309 prisoners, it housed 394.
• Unacceptable conditions: Subpar treatment, living conditions, and inadequate access to activities.
• Treatment of vulnerable women: A cause for concern.
• Limited rehabilitation opportunities: Boredom prevailed, hindering positive rehabilitation efforts.

Government Response (June 2011):

• Commission Formation: A commission led by Dame Elish Angiolini, former Lord Advocate, examined how female offenders were handled.
• Key Findings:
  • Women posed lower risks to public safety compared to men.
  • More likely to be incarcerated for dishonesty offences.
  • Higher rates of mental health and drug problems.
  • Histories of physical and sexual abuse and victimisation.
  • Many had dependent children.
• Recommendations: Emphasised enhanced utilisation of existing measures to divert women from prosecution and remand.

Transformative Initiatives (June 2015):

Closure of Cornton Vale:

• Initially scheduled for 2018, delays occurred in its closure.

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Women & The Justice System

New Approach:

• Adoption of a community-centric approach, moving away from large-scale incarceration.
• Plans included a small national prison with 80 places and five community-based custodial units, each accommodating up to 20 women.
• Focus on targeted support addressing underlying issues to reduce custodial sentences.

Vision for Change (Justice Secretary Michael Matheson, 2018):

Reform Based Evidence:

• Prioritising evidence-based strategies to reduce reoffending.

Community-Centric Model:

• Acknowledging the ineffectiveness of traditional large-scale imprisonment.
• Emphasising the damaging impact of cyclical prison involvement on women, their families, and communities.
• Advocating for a new, transformative approach to break the cycle of reoffending.

Scotland's commitment to reshaping its approach to female offenders reflects a progressive stance that prioritises rehabilitation, community integration, and addressing the root causes of criminal behaviour.