Recent developments

Women in Prison

In 2010-11 the Prison Inspectorate visited Holloway and Bronzefield, whose population included large numbers of women dependent on drugs, high levels of self harm, and mental health problems and large numbers of primary carers. Drake Hall was also visited and although the  performance at all three prisons was generally good, there were still concerns over health care at Bronzefield, and over safety at Holloway, where some women felt unsafe when housed in dormitories.  In all three establishments prisoners spent a reasonable amount of time outside their cells, but too few courses were available. However, concern was raised over the closure of some women’s prisons meaning that more women are now held further from home. The Report also referred to high levels of self-harm at HMP Bronzefield and to the problems of managing high risk women with severe personality disorders and the use of segregation for women with mental health problems.   

HM Chief Inspector of Prisons (2011) Annual Report 2010-11. London, HMIP.

Ethnic minorities

On  30 June 2010 just under  26 per cent of the prison population,   21,878 BME prisoners,  were  from black and minority ethnic backgrounds (The breakdown of the prison population as a whole in 2010  is 72 per cent White,  13.7 per cent black, 7.1 per cent Asian, 3.5 Mixed, 1.4 per cent Chinese Other, 2.2 per cent unknown. BME prisoners constituted 20 per cent of British national prisoners, compared to 18 in 2006,  and 63 per cent of foreign national prisoners, defined as non-UK passport holders, compared to 70 per cent in 2006 The composition of the British national prison population in 2010 was  78 per cent White, 11 per cent Black, 5 per cent Asian, and  0.3 per cent. The Mixed ethnicity group was between 3 and 4 per cent of  the British national population.
Ministry of Justice (2011) Statistics on Race and the Criminal Justice System. London, Ministry of Justice).

The experience of imprisonment

Interviews with a sample of 71 prisoners undertaken by the Prison Reform Trust found that 41 prisoners had experienced racism within the previous six months, but two thirds had not made a complaint over the incident.

Edgar, K. (2010) A Fair Response, developing responses to racist incidents that earn the confidence of black and minority ethnic prisoners.  London, Prison Reform Trust.

The 2011  report from the  Prison Inspectorate found that  ‘ prisoners from a black or minority ethnic background, foreign nationals, Muslim prisoners and those under the age of 21 were more likely to report having spent time in the segregation or care and separation unit  in the last six months.’  (HMCIP 2011: 25).   Investigations by the Prison Inspectorate indicate that ‘young adult, foreign national, black and minority ethnic and Muslim respondents generally felt less well respected by staff.’ (ibid: 29). There were also differentials in perceptions of how prisons dealt with complaints with foreign national prisoners, BME, Muslim and disabled prisoners more negative than other prisoners. These prisoners were more likely to feel unsafe and to respond negatively to questions in surveys undertaken for the prison inspectorate.  Black prisoners were particular concerned about relations with staff, while Asian prisons were particularly worried about safety. 
HM Chief Inspector of Prisons (2011) Annual Report 2010-11. London, HMIP.

The latest Equalities Report from NOMS published in 2011 indicates that rates for adjudication are still higher for Black and Mixed prisoners and these groups also have higher rates for complaints (Ministry of Justice 2011). Black or Black British and Mixed groups also had more days on segregation and force was used more on these groups than white prisoners. There were also higher proportions of black and mixed prisoners on the basic regime  of the Incentives and Earned Privileges Scheme.

Ministry of Justice (2011) Equalities Annual Report 2011-2011. London Ministry of Justice.

Other groups

The Equality Act 2010, which replaced the Race Relations Act 1976, strengthens the equality duty and broadened the range of protected characteristics and means that prisons must be more pro-active in addressing equality issues Policies in prison now focus on diversity which is intended to cover a wide range of protected characteristics. However the Prison Inspectorate found that most of the policies focused on race and foreign national prisoners, but the most neglected dimension of equality is sexuality (HMCIP 2011).   A visit to Holloway, Bronzefield and Drake Hall found that all three prisons had race equality procedures there was little on sexuality.

Surveys conducted by the Prison Inspectorate have also found that disabled prisoners  had more negative perceptions than other prisoners,  on many issues such as safety and victimisation  and respectful treatment  Disabled prisoners were also more negative on the issue of how complaints were treated. The number of complaints from disabled prisoners is increasing.

HM Chief Inspector of Prisons (2011) Annual Report 2010-11. London, HMIP at p 29).

11.1. Equality, Discrimination and human rights pp338-340

A pre-operative transgender prisoner wins the right to be transferred to a women’s prison: see R (on the application of AB) v (1) Secretary of State for Justice (2) Governor of Manchester Prison: QBD (Admin) 4 September 2009.

11.2 Women in prison

The latest statistics on women and the criminal justice system have been published by the Ministry of Justice: Statistics on Women and the Criminal Justice System, London Ministry of Justice (2010).
The Prison Inspectorate has also published reviews of women in prison and specifically of black and ethnic minority women. The 2010 Report found that the majority of women’s prisons were performing well with good staff-prisoner relations, but raised concerns over bullying and, the use of segregation in some establishments.

HM Inspectorate of Prisons (2010) Women in Prison: A Short Thematic Review, London, HMIP.
HM Inspectorate of Prisons (2009b) Race Relations in Prison: Responding to adult women from black and minority ethnic backgrounds, London, HMIP.

Fawcett Commission (2009) Engendering Justice: From Policy to Practice - New Report on Women and the Criminal Justice System

Since 2003, Fawcett’s Commission on Women and the Criminal Justice has examined the experiences of women in the criminal justice system as victims, offenders and workers. This approach has allowed us to draw parallels across the system, demonstrating that women continue to be marginalised in a criminal justice system, designed by men for men.

This final report of the Commission reveals a persisting gap between strong policy development and consistent implementation. Evidence has demonstrated that throughout the criminal justice system, practices and attitudes continue to discriminate against women as women continue to be under-represented among top jobs in the justice system.

As a consequence the criminal justice system:

• Does not address the causes of women’s offending and too many women continue to be imprisoned on short sentences for non-violent crime;
• Fails to provide female victims of violence with support, safety and justice; and
• Creates a glass ceiling for women working within the system so that the higher positions remain strongly male dominated in the police, the prison service, the legal profession, and the judiciary.

You can download a copy of the report and executive summary by following the link below.
http://www.fawcettsociety.org.uk/index.asp?PageID=933

For more information on the latest Commission report contact sharon.smee@fawcettsociety.org.uk

11.6 Black and minority ethnic prisoners

The latest statistics on race and the criminal justice system have been published by the Ministry of Justice:
Statistics on Race and the Criminal Justice System 2008/09, London Ministry of Justice (2010)

11.7.6 Foreign National Prisoners

The percentage of the total prison population comprised by foreign national prisoners has fluctuated between 12 and 14 per cent over the past few years. In June 2009 there were 11,350 foreign national prisoners.

 Ministry of Justice (2010) Offender Management Caseload Statistics 2009: Ministry of Justice Statistics Bulletin, London, Ministry of Justice.

11.8.2 Recent initiatives

The Equality Act 2010 has increased the scope and requirement for positive action in prisons. Further discussion on the issues of promoting race equality in prisons may be found in:

NOMS (2008) Implementing Race Equality in Prisons Five Years On, London, NOMS.
NOMS (2009) Promoting Equality in Prisons and Probation: the National Offender Management Service Single Equality Scheme 2009 – 2012,   London, NOMS

New developments

The number of Muslim prisoners has increased in recent year and they now comprise over 12% in 2010. Issues have been raised regarding prison as a recruiting ground for extremism as prisoners have converted to Islam, as well as problems of intimidation and relations with officers. These issues are considered by the Report from the Prison Inspectorate.
HM Chief Inspector of Prisons (2010) Muslim Prisoners’ Experiences: A Thematic Review, London, HMIP.