Women's Justice Leadership Panel: report

6. Conclusion

Over several thematic discussions, extensive evidence has been considered on the many ways in which women's experience of justice varies from that of men. The Panel have explored, in detail, themes which have a clear impact on women:

• Caring Responsibilities and 'Hidden Sentences'
• Gaps between Policy and Practice
• Culture, Gender, and Sexism
• Victim and Offender Status
• Intersectionality and Data Gaps

The Scottish Government understands that violence against women and girls is underpinned by inequality and fuelled by societal and structural barriers. This report has drawn on a strong body of evidence, collating it and enhancing it, to further build the case for policy making which appreciates and understands intersectionality, and the impacts of gender within the justice setting.

Based on the discussions and evidence considered, the key findings and conclusions of the Panel are as follows:

1. Evidence

The remit called for the Panel to demonstrate how the experience of women in the justice system is different to men, and to promote consistent understanding of gendered issues within the justice system.

The Call for Evidence, the evidence presented by expert presenters, thematic evidence briefs, and the experiences and knowledge of the Panel has clearly demonstrated the many ways in which the experience of women in the justice system is different to men. The themes discussed have highlighted these differences, and a number of common issues have arisen.

Women enter, participate, and face distinct challenges unlikely to be experienced by men in the same way. Gender, paired with other intersectional inequalities, is central to this, and there is considerable evidence to suggest that this impacts the experiences and outcomes for women in the justice system.

The Panel concluded that there is strong evidence which supports the view that women's experience of the justice system is very different to that of men.

2. Research and Data

Although considerable evidence and data is already in existence, the Panel concluded that there is an urgent need to improve gendered and intersectional data collection, to support the identification of issues, increase the evidence base on these issues, and to ensure more effective and progressive policy responses.

Further and specific research on the issues identified within this report, in the Scottish context, must be commissioned to improve understanding and further build the case for gender competent and intersectional policy making across the justice system. The Panel identified the following key areas for data collection and research:

• Research on the impacts of imprisonment on families left behind, from a gender perspective.
• Research on the application of gender competent, and intersectional approaches, in the justice system.
• Research on comparative justice system route maps with an aim of identifying where gendered and intersectional approaches would impact experiences and outcomes.
• Research, and data on the justice sector workforce, including on why women are leaving justice organisations, are promoted less frequently than men, and are more likely to be on sick leave.
• Research, and data, to better understand the effectiveness of legal defences, in relation to domestic abuse and other forms of VAWG, in the Scottish context.
• Data on women being arrested without charge, in the domestic context.
• Disaggregated data collection across the justice system to improve understanding and to support intersectional and gender competent approaches to policy making.
• Direct and meaningful engagement with younger women and girls to ensure that the conclusions of the Panel fully resonate with their experiences of the justice system, and where they view improvement is required.
• Lived experience peer research to further the understanding and implementation of intersectional policy.
• Research on women's experiences of different types of justice responses, including diversion, bail, remand, release and completing community sentences.

The Panel concluded that there is a need to improve gender and intersectional data collection and research across the justice system as well as deeper and meaningful engagement with women and girls with experience of the justice system.

3. Understanding Gender and Intersectionality

The Panel identified areas of best practice for justice organisations including intersectional and gender competent approaches. Both approaches identify gender as a key intersection, and argue for bespoke policy making which recognises multiple intersectional inequality, structural inequality, and power dynamics.

In order to address the specific experiences of women within the justice system which have been highlighted by the Panel in this report, the Panel believes that an intersectional gender competent approach to policy is required within the justice system. Taking a gender competent approach to policy making would ensure that issues particular to women are purposefully addressed in policy design and practice. Similarly, an intersectional approach ensures that women are not considered as a homogeneous group. Accordingly, the experiences of women with other intersecting characteristics are also proactively considered.

Approaches that are intersectional and gender competent provide opportunities for decision makers to design policy which promotes equality, and challenges systemic disadvantage. This report shows that when organisations fail to understand gender and its impact, it can often lead to poorer experiences and outcomes for women.

A lack of gender understanding can result in harmful views, perceptions, and attitudes prevailing, which can impact decision making and damage victim confidence and experience. Justice organisations should proactively seek to build trust and understanding of silent and invisible harms, and seek to mitigate these through planning and risk assessment. There is also opportunity to look at risk through a gendered lens, for example, when assessing bail, remand, sentencing, or parole.

It is clear that women often choose not to disclose full details due to mistrust and fear. Therefore, it is vital that justice organisations understand gender and build these considerations into decision making throughout the justice journey.

Failing to understand the impacts of gender, or failing to create and implement policy, which is intersectional and gender competent, often results in varying degrees of disadvantage to women and children, from across the entire justice system.

The Panel concluded that there is a need within the justice system for an agreed understanding of an intersectional and gender competent approach which is used to inform both policy and practice.

4. Understanding Trauma

The adoption of person-centred and trauma informed practice provides opportunity for justice organisations, and services, to address gender-based disadvantage. Person-centred and trauma informed practice, paired with intersectional gender competency, provides avenues to develop bespoke policy which supports women's equality. Significantly, person-centred and trauma informed practice, at an operational level, can have a powerful impact on perceptions of justice and trust.

Women coming into conflict with the law have complex needs and face additional barriers which underscores the necessity of service provision. Expert services, particularly in cases of dissatisfaction, should be available quickly, and support should be joined up, consistent, and holistic. Consideration should be given to embedding gender experts in strategic decision making, and frontline services.

The Panel were clear that services provided should be person-centred and trauma informed, and consistent across the entire justice system.