Impact assessment

Criminal Justice Bill: prisons and offender management equalities statement

Updated 30 January 2024

Polygraph testing (counter-terrorism)

Policy summary

1. Section 28 of the Offender Management Act (OMA) 2007 enables the Secretary of State to impose a polygraph condition on an offender released on licence in England and Wales.

2. The Counter-Terrorism and Sentencing Act 2021 inserted section 28(4A) and (4B) into the OMA, enabling a polygraph condition to be imposed on offenders who have committed a ‘relevant terrorist offence’ and who fulfil certain other statutory and policy criteria.

3. ‘Relevant terrorist offence’ includes those who have committed ‘terrorist-connected’ offences. ‘Terrorist connected’ is a statutory sentencing aggravating factor introduced by the Counter-Terrorism Act 2008 (CTA) which permits the court to impose a terrorism connection ‘label’ to offenders who have committed a non-terrorist offence when the relevant criteria are met.

4. Offences committed before 18 June 2009 (the commencement date of the CTA provisions), currently cannot have a court-determined terrorist connected aggravating factor and therefore these offenders currently cannot have a polygraph testing licence condition imposed on release.

5. This provision extends polygraph testing to offenders who have been convicted of a non-terrorist offence, but which was clearly terrorism-related, and was committed before the relevant provisions in the Counter-Terrorism Act 2008 (CTA) came into force (on 19 June 2009), or a non-terrorist offence committed between 2009 and 2021 which fell outside the specified list of offences in Schedule 2 to the CTA.

6. In passing the Counter-Terrorism and Sentencing Act 2021, the Government made a commitment to undertake an internal review of the use and operation of the polygraph condition on those convicted of a relevant terrorist offence. Since the CTS Act 2021 came into force at midnight on 29 June 2021, and as of 2 August 2023, 97 polygraph examinations have been completed with 42 individuals on probation. A number have been polygraphed on more than one occasion.

7. Polygraph testing is subject to rigorous quality controls which, in accordance with the Polygraph (Amendment) Rules 2022, includes reports to the Lord Chancellor at least every six months. We will continue to use quality control arrangements for testing moving forward.

8. The extension of this provision applies retrospectively to all sentences already imposed, covering a small cohort of serious terrorist offenders, some of whom have already been released on licence, and others who are still in custody.

Evidence and analysis – context

9. Source of information include:

• Operational data drawn from probation case management systems
• Polygraph Policy Framework
• Polygraph Policy Framework Equality Analysis

10. The use of polygraph testing in the Probation Service is underpinned by a Policy Framework. The Policy Framework (PF) is informed by an equality analysis (EA) which is regularly reviewed, particularly when the PF is updated. The EA considers the impacts of the polygraph PF on people on probation and staff with protected characteristics. The EA was most recently updated in February 2023.

Polygraph testing (extending polygraph testing for specified sexual offenders)

Policy summary

11. Section 28 of the Offender Management Act 2007 enables the Secretary of State to impose a polygraph testing licence provision on an offender released on licence in England and Wales. Following a successful pilot, the Probation Service has been using polygraph testing with certain individuals convicted of sexual offences released on licence since 2014.

12. In 2021, the use of polygraph testing with certain offenders on licence was extended to terrorist offenders by the Counter Terrorism and Sentencing Act 2021 and, under provision in the Domestic Abuse Act 2021, the Probation Service also commenced a three-year pilot of polygraph testing with high-risk domestic abuse perpetrators. In 2022, the Police Crime Sentencing and Courts Act 2022 filled certain gaps in the regime in relation to updated sex offences, service offenders and offenders serving sentences imposed outside England and Wales.

13. To date, we have completed more than 7,000 polygraph tests on people convicted of sexual offences.

14. Polygraph testing is subject to rigorous quality controls which, in accordance with the Polygraph Rules 2009 includes reports to the Lord Chancellor at least every 6 months. We will continue to use quality control arrangements for testing moving forward.

15. The bill will introduce a provision that enables a polygraph testing condition to be added to the licence of individuals convicted of murder who the Secretary of State assesses to pose a risk of sexual offending upon release.

16. When polygraph testing was introduced for sexual offending, the criteria always intended it to be used with offenders who pose a high risk and likelihood of causing sexual harm. Indeed, we have now completed more than 7,000 tests with people with sexual convictions and, on average, find that people have made risk-related disclosures in approximately two-thirds of these tests which demonstrates the value of it as a risk management measure. The current law, however, means that in cases where someone has been convicted of a murder where there is either clear evidence of sexual motivation at the time (i.e. the person is also sentenced for an offence of rape, or a sexual offence is left to lie on file), or this later becomes apparent after someone has started their sentence, in most instances they are not eligible for polygraph testing on release. In simple terms, if an offender rapes someone we can polygraph test them on licence; if they rape and murder the victim, we can’t always polygraph test them on licence as it is dependent on the sentences that were given. Given how important polygraph testing is in providing the probation practitioner with risk-related information that they otherwise would not know, it is essential that we are able to use it with those who have previously committed murder and are established to pose a risk of sexual offending whilst on licence. This clause will ensure that we are able to use polygraph testing to manage those offenders who pose significant risks of sexual harm. Furthermore, it will make the testing of sexual offenders consistent with terrorist and domestic abuse offenders, for whom polygraph can be used if they have been convicted of murder.

17. The bill will also introduce a provision that enables a polygraph testing condition to be added to the licence of individuals serving a sentence for a non-sexual offence who, at any earlier point in the sentence, were concurrently serving a sentence for a relevant sexual offence. As per the clause above, this will ensure that we are able to polygraph test people convicted of polygraph-eligible sexual offences who are also serving sentences for other offences but where the licence period for their sexual offence ends before they are released, or ends before the end of their licence period for their non-sexual offence. This remains consistent with the current policy intentions to be able to polygraph test people who pose a high risk of sexual harm. This Clause will ensure that we are able to use polygraph testing to manage those offenders who pose significant risks of sexual harm.

Evidence and analysis – context

18. Sources of information:

• Operational data drawn from probation case management systems
• Polygraph Policy Framework
• Polygraph Policy Framework Equality Analysis

19. The use of polygraph testing in the Probation Service is underpinned by a Policy Framework. The Policy Framework (PF) is informed by an equality analysis (EA) which is regularly reviewed, particularly when the PF is updated. The EA considers the impacts of the polygraph PF on people on probation and staff with protected characteristics. The EA was most recently updated in February 2023.

20. When looking at the caseload data (February 2023), there were 947 people on the HMPPS caseload with a conviction for murder where the assessor assessed the murder to be sexually motivated.

• Of these, 323 are currently on licence in the community. 86 of these would become eligible for polygraph testing if new legislation were brought in, on the basis that they are currently assessed as high or very high risk of serious harm (the policy criteria).
• 624 are currently in custody, and any of these assessed as high or very high risk of harm by HMPPS upon release would also become eligible for polygraph testing.

21. With regards people with concurrent sentences which included an earlier relevant sexual offence, we do not have data on the numbers of people serving concurrent sentences, the shorter of which was for a relevant sexual offence. However, colleagues with operational experience and feedback from the team who manage polygraph queries suggest the numbers will be low.

Equality duties

Section 149 of the Equality Act 2010 places a duty on Ministers and the Department, when exercising their functions, to have ‘due regard’ to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct under the Equality Act 2010
• advance equality of opportunity between different groups (those who share a relevant protected characteristic and those who do not); and
• foster good relations between different groups (those who share a relevant protected characteristic and those who do not)

There are nine “protected characteristics” under the Equality Act 2020 – namely race, sex, disability, sexual orientation, religion and belief, age, marriage and civil partnership, gender reassignment, pregnancy and maternity. This statement considers the potential effects of this measure on the protected characteristics for which we have relevant data: race, sex and age.

Our assessment is that all of these provisions are not directly discriminatory within the meaning of the Equality Act 2010. They do not treat people less favourably because of their protected characteristics and they apply in the same way to all individuals who are in scope, regardless of their protected characteristics.

22. Eligibility for polygraph testing is determined by legal criteria (type of offence and length of sentence) and policy criteria (risk of harm and risk of reoffending). This clause will amend the legal criteria - it is not determined by personal characteristics. For this reason, we do not anticipate that the clauses in this bill will directly discriminate on any offender with protected characteristics.

23. Below, we draw on the existing EA and have also considered the impact of the new clauses on offenders that fall into the protected characteristic groups, and put in place plans to mitigate any disproportionate impact:

Sex

24. The test could (likely in a very small number of cases) be applied to female individuals.

25. A thorough, 3-stage suitability assessment is undertaken prior to any examination taking place, to ensure that any sex-related circumstances which may need consideration such as menopause can be considered in terms of suitability for the assessment. The policy framework sets out the suitability assessment process. The specialist polygraph provider can also provide advice on suitability for polygraph examinations, if required.

26. Sex is not a criterion for polygraph eligibility - any individual can be required to undergo a polygraph examination if they meet the statutory and policy criteria and it is part of their licence condition as a necessary and proportionate risk management strategy.

27. Every effort will be made to ensure either a male or female polygraph examiner is available upon request.

28. Segmentation Tool data shows only 1% of the population of people on supervision in the community for sexual offences are women’ (Females in the community on supervision for sexual offences: 175, males in the community on supervision for sexual offences: 17,200 (30 June 2022).

29. The referral criteria do differ for individuals who are legally recorded as male or female.  For individuals who are legally recorded as male, there is an actuarial risk assessment which is used to inform eligibility.  For individuals who are legally recorded as female, due to the low numbers of women convicted of sexual offences, there is no actuarial risk assessment used and this means that women convicted of sexual offences will be assessed in the same way as men are for discretionary referrals - have they been convicted of an eligible offence, had a prison sentence of 12 months or more, are high/very high RoSH, and have indicators which suggest that the polygraph is a necessary and proportionate licence condition to manage risk.

Age

30. The polygraph test will only be added to the licences of individuals who are aged 18 years and over at the most recent date of release from prison.

31. There is no upper age limit. There are no known adverse impacts of the polygraph on any particular age group.  Continuing to test will be determined by level of risk of serious harm, not age.

32. A thorough, 3-stage suitability assessment is undertaken prior to any examination taking place. This will ensure that any individual with any age-related conditions, such as dementia, will be assessed to ensure they are suitable for the examination, before it takes place. The policy framework sets out the suitability assessment process. The specialist polygraph provider can also provide advice on suitability, if required.

33. In making a decision regarding whether deception is indicated, the polygraph examiner compares and examinee’s responses to a number of questions in order to determine relative differences between them. This in effect means that examinees provide their own physiological baseline.

Disability

34. Although the total number of people on probation with a disability is unknown, a thorough, 3-stage suitability assessment is undertaken prior to any examination taking place, to ensure that any potential disabilities are known about, and can be considered in terms of suitability for the assessment. The policy framework sets out the suitability assessment process. The specialist polygraph provider can also provide advice on suitability for polygraph examinations, if required.

35.Any individual who is subject to mandatory testing would be seen in a building with access for people with physical disability (for example, accessible buildings with access ramps/automatic doors/suitable toilet facilities etc.)

36. Hearing loops can be provided and used for the test to examination place.

37. The polygraph equipment and sensors do not impact on physical health.

38. We recognise that not all disabilities are visible and that some disabilities, which are not visible, may affect an individual’s day to day life. When arranging polygraph testing appointments, it will be important to take into account issues such as extreme tiredness (arising from conditions such as Chronic Fatigue Syndrome, Fibromyalgia etc), to schedule the session at a time during the day that best suits the individual’s condition, but also taking into account availability of examiners/polygraph testing slots etc.

39. We recognise that attending for and undertaking a polygraph test can make some people apprehensive or anxious. Polygraph examiners are trained to put examinees at ease, as best they can, to mitigate the impact of the test on raising their anxiety any further. This will be particularly relevant for people who are diagnosed with a mental health condition (such as depression and/or anxiety).

40. In making a decision regarding whether deception is indicated, the polygraph examiner compares and examinee’s responses to a number of questions in order to determine relative differences between them. This in effect means that examinees provide their own physiological baseline.

Religion and belief

41. Polygraph examinations require direct physical contact between examiners and examinees, as equipment is attached to the body to conduct the test.

42. In some cases, cultural and religious sensitives may impact certain groups (for example, individuals identifying as Muslim) more than others. Muslim individuals currently comprise 74% of the individuals convicted of terror offences in custody and 79% of those in the community. Although there is much variation in practice among Muslims, some observant Muslim individuals may find polygraph examinations contrary to their religious beliefs because of the close physical contact required with the examiner. Every effort will be made to ensure either a male or female polygraph examiner is available upon request.

43. Due to the makeup of polygraph examiners, we know that it will not be possible to accommodate male examiners in all cases of male Muslim individuals. Polygraph examiners also cover large geographical regions, and the majority of terrorist offenders subject to polygraph examinations will be male, meaning that there is unlikely to be capacity for examiners to cover wider geographical regions than their remit.

44. Any individual undergoing a polygraph examination, including those during a period of religious fasting, will undergo an APA approved health screening questionnaire as part of an overall suitability assessment conducted by a specially trained examiner. Any health or fitness conditions which could impede a polygraph examination may only manifest themselves on the day of the appointment. For example, running a fever may interfere with the test itself. Therefore, any health or fitness condition identified, including those connected to religious fasting, that are deemed capable of interfering with the test must be reported to the probation practitioner by the examiner. This may result in the postponement of the examination.

45. Examinations should be delivered in isolation (just the examiner and examinee) and examiners are trained and examined on attaching the equipment as part of their training. It is, therefore, not possible for a male staff member to assist with this part of the examination.

46. Mandatory polygraph testing applies equally to all terrorist individuals, regardless of religion.

47. The Faith Partnership Framework, launched in 2020, aims to strengthen partnership    work between Probation staff and faith communities including prison chaplains. By working with prison chaplains and including faith/belief in the sentence journey, Probation staff will be able to assess and support individuals where faith is a protective factor and identify any changes in the individual’s beliefs or development of distorted views that could be indicative of extremist views. This will enable a network of support for individuals with faith/belief characteristics, including Muslim individuals who are disproportionately represented in the cohort of individuals convicted of terror offences relative to the percentage of Muslim individuals in the total population of England and Wales.

Sexual orientation

48. An individual’s sexual orientation will not be adversely impacted upon by means of the polygraph test. The test asks questions that relate to sexual offending and not about sexual orientation. There will be individuals who have a preference to sexually offend against children or adults of the same sex and there may therefore be questions asked which may include contact with individuals of certain gender; this is not discriminatory in relation to the individual, but an issue which is solely related to the identification of and protection of current / potential victims.

Pregnancy and maternity

49. There is no evidence that the polygraph sensors pose any risk of harm to someone who is pregnant. They include a cuff to the upper arm, a band to the abdomen (it is not tight or restrictive), a pressure pad on the seat and small clips to the finger. Tests would be conducted to fit at times that enabled pregnant women to attend all maternity appointments. Probation staff would comply with any instructions from a GP or Obstetrician in relation to the physical care of any female examinee to protect the health of the mother and unborn child.

Race

50. There are no adverse effects of the polygraph test on individuals based on their race.

51. If an individual uses English as an alternative language, for example a Foreign National Offender, a translator will be made available to them to allow them to complete the test in their first language.

52. There are no adverse impacts of polygraph testing for individuals who are Gypsy, Roma and Traveller.

53. Translation services will be provided for Welsh speakers when required.

Gender reassignment

54. There are no adverse effects of the polygraph test for individuals who have undergone, or who are in the process of undergoing, gender reassignment. The test is applied to all individuals in the same manner, regardless of gender.

55. The polygraph instrument is attached to the individual by a band placed on the upper chest and one on the diaphragm. This may impact on individuals who identify as a different gender than the one assigned at birth but who have not undergone gender affirmation surgery. The wearing of binders or prosthetics does not impact on the use of the polygraph instruments. Examiners should therefore ensure that individuals are told this by their probation practitioner before they attend for the test, to help minimise any anxiety.

56. Every effort will be made for either a male or female polygraph examiner to be made available upon request, but this cannot be guaranteed as it will depend on the availability of examiners.

57. Further guidance and advice is set out in the Care and Management of Individuals who are Transgender Policy Framework.

Discrimination arising from disability and duty to make reasonable adjustments

58. Eligibility for polygraph testing is determined, in law, by the offence committed and the length of sentence passed. In terms of policy criteria, it is targeted at those who pose a high risk of harm of sexual and terrorist offending and we therefore believe that the policy is proportionate, having regard to its aim. It is right that the proposed change applies to people on licence including those with a disability given that it relates to risk management, but reasonable adjustments will be made to the process of administration to mitigate any disability related impacts of polygraph testing.

Advancing equality of opportunity

59. Polygraph testing will apply equally to people of any gender. However, it is accepted that more men will be made subject of the polygraph condition than women, reflecting the levels of gender representation generally for these crime types.

Fostering good relations

60. Given that eligibility for polygraph testing is determined based on the offence committed and sentence passed, we do not consider that these proposals would have any significant impact on the fostering of good relations.

Transfer of prisoners to rented prison space overseas

Policy summary

61. The legal powers sought in the Criminal Justice Bill are drafted to be applicable to any future prison rental agreement. However, while the final terms of any agreement will be subject to negotiation, we will ensure that the conditions in the foreign prison, care provided, and the opportunities offered will be comparable to those within prisons in England and Wales. On this basis, prisoners transferred overseas will not be disadvantaged compared to those within the England and Wales.

Equality duties - eliminating unlawful discrimination, harassment etc.

62. The domestic measures introduced are applicable to all adult prisoners in England and Wales. While it is likely this will relate primarily to the male estate, the exact cohort in scope will be subject to negotiation and subsequent agreement with a partner country, including specific exclusions implemented via government policy once a final text has been agreed.

Age 

63. These measures will only be applicable to adult prisoners.  It is possible that the older population may be unsuitable for transfer as they are likely to have more pre-existing health conditions. Age will be a factor considered as part of any agreement to minimise complications of providing complex healthcare for chronic, long-term conditions.

Disability 

64. There may be some instances where certain conditions or disabilities make someone unsuitable for transfer due to highly specific health care provision required to adequately care for these individuals. This will be considered in policy and any conditions placed upon transfer based on health conditions will be considered as part of any future international agreement.

Religion or belief 

65. The measures sought in domestic legislation are applicable to all adult prisoners in England and Wales, regardless of their religion or beliefs. The opportunities offered in the rented prison will be commensurate with those in English and Welsh prisons, including chaplaincy and the provision of religious worship for a multi-faith cohort.

Marriage and civil partnership 

66. The measures introduced will be applicable to all adult prisoners in England and Wales, regardless of their marital or civil partnership status. Respect and recognition of marriage and civil partnerships in the partner country’s jurisdiction will be considered as part of any future international agreement.  Any prison rental arrangement agreed will ensure sufficient respect for an individual’s private and family life under Article 8 of the ECHR, including consideration of an individual’s marital relationships.

Sexual orientation 

67. These measures are applicable to all adult prisoners in England and Wales, regardless of their sexual orientation. The practice of a partner country and evidence regarding the treatment of individuals based on their sexual orientation in the partner country will be considered as part of any future prison rental agreement.

Pregnancy and maternity 

68. The measures introduced are currently applicable to all adult prisoners in England and Wales. However, the exact cohort will be subject to negotiation and final agreement with a partner country. In the event a prisoner is pregnant at the time of consideration, they are likely to be excluded for transfer in policy. Any prison rental arrangement agreed will ensure sufficient respect for an individual’s private and family life under Article 8 of the ECHR, including consideration of a prisoner’s access to their children.

Race 

69. The measures sought in domestic legislation are applicable to all adult prisoners, regardless of race. The practices of a partner country and evidence regarding the treatment of minority ethnic groups in a partner country will be considered as part of any future international agreement.

Gender reassignment 

70. These measures are applicable to all adult prisoners in England and Wales, regardless of their gender identity or an individual’s gender reassignment.  The cohort under consideration for transfer to an overseas rented prison will reflect HMPPS transgender prisoner policy at the time of transfers.

Discrimination arising from disability and duty to make reasonable adjustments

71. The measures sought in the Criminal Justice Bill are applicable to all adult prisoners in England and Wales. The cohort in scope of transfer of any future agreement will be subject to future scrutiny and prior to the ratification of any applicable treaty, but it is assessed that there are no immediate concerns with the domestic powers and the duty to make reasonable adjustments for those who might otherwise face discrimination arising from a disability.

Advancing equality of opportunity

72. The measures sought in the Criminal Justice Bill are applicable to all adult prisoners in England and Wales, regardless of whether they have an identified protected characteristic. Assessments may be made in policy on the suitability of an individual for transfer based on individual risk assessment, but it is assessed that there will be no impact on the advancement of equality of opportunity by the measures sought in the Criminal Justice Bill.

Fostering good relations

73. While the exact cohort subject to transfer is subject to future agreement with a partner country and the scrutiny of Parliament, our assessment is that the measures sought in domestic legislation are unlikely to adversely impact the fostering of good relations between individuals of different protected characteristics.

Adding controlling or coercive behaviour offence to multi-agency public protection arrangements (MAPPA)

Policy summary

74. Section 76 of the Serious Crime Act 2015 (the 2015 Act) introduced the criminal offence of controlling or coercive behaviour (CCB) in an intimate or family relationship. The offence was brought into force in recognition of the severe impact of such behaviour; behaviour which often includes, economic, emotional, and psychological abuse, as well as threats, whether or not they are accompanied by physical and sexual coercion and abuse. Since 5 April 2023, the definition of ‘personally connected ‘in the CCB offence has mirrored the definition in the Domestic Abuse Act 2021, and includes individuals who no longer live together.

75. Currently, offenders convicted of CCB are eligible for management under Category 3 of Multi-agency public protection arrangements (MAPPA) on a discretionary basis as “other persons” under section 325(2)(b) of the Criminal Justice Act 2003 (the 2003 Act). The current MAPPA guidance states:

• Due to the serious harm caused by domestic abuse, all domestic abuse perpetrators not automatically subject to MAPPA must be considered for referral to Category 3 management. Those convicted under s.76 of the Serious Crime Act 2015 (Controlling or Coercive Behaviour in an Intimate or Family Relationship) do not fall under Sch. 15 and so offenders sentenced under this section are not automatically MAPPA-eligible but must be considered for Category 3.

76. To reflect  the seriousness of this offence and put them on par with violent offences, we are including CCB as an automatic eligibility for management under MAPPA where the offender is sentenced to imprisonment of 12 months or more, including where suspended. This would involve adding CCB to section 327(4A) of the Criminal Justice Act 2003 which sets out which cohorts of offender fall within the “relevant sexual or violent offender” definition in section 325 of the 2003 Act. This approach will allow us to better address a recommendation in the 2021 HMICFRS report ^{[footnote 1]} into the police response to violence against women and girls to ensure more consistent use of MAPPA for domestic abuse cases.

Evidence and analysis - context

77. This EIA has been developed with input from multiple departments from His Majesty’s Government and crime data and evidence were taken from open-source research to understand the scope of domestic abuse and CCB and how different groups, including those with protected characteristics.

Equality duties - eliminating unlawful discrimination harassment, etc

78. Based on analysis taken from the Domestic Abuse Bill and data from the Crime Survey for England and Wales (CSEW) younger people, victims with disabilities, transgender people, pregnant women or mothers, victims from mixed/multiple ethnic groups and women generally are more likely to be victims of domestic abuse than those who do not share those protected characteristics, although the quality of evidence is mixed ^{[footnote 2]}. Each protected characteristic has been assessed in a summary below.

Sex

79. Men are disproportionately more likely to be convicted therefore are more likely to be subjected to this cohort under MAPPA. ^{[footnote 3]}

80. Whilst men will be disproportionately impacted, the MAPPA framework allows for increased support to manage and reduce the risk posed. Additional resources can be utilised that may not be available when not managed under MAPPA.

81. Women are more likely to benefit from increased management of CCB convicted offenders – from there being tighter risk management plans and the possibility of more mitigation for them to be implemented.

Age

82. This legislative change will directly discriminate based on the age of criminal responsibility.

Disability

83. This legislative change will help the prevention of repeat abuse of victims and increased effective management of perpetrators for all victims regardless of their disability. This legislative change will impact perpetrators equally regardless of disability, MAPPA guidance states individuals risk management plans must include their disability and how this impacts risk posed to victims.

Religion or belief

84. This legislative change will apply to all individuals equally regardless of religion or belief. This legislative change may support individuals through risk being considered in relation to their religion.

Marriage and civil partnership

85. This legislative change will apply to all personally connected individuals, whether married or not. As separation is a risk factor in domestic abuse cases, it may positively impact these individuals.

Sexual orientation

86. This legislative change will apply to all individuals equally regardless of sexual orientation.

Pregnancy and maternity

87. This legislative change will positively impact victims or perpetrators who are pregnant/during maternity. There will be increased risk management in place and increased information sharing with other agencies. As domestic abuse may increase with pregnancy, ^{[footnote 4]} this is likely to positively impact individuals who are experiencing abuse that are pregnant.

Race

88. This legislative change will apply to all individuals equally regardless of race, however, We will keep this under review.

Gender reassignment

89. This legislative change will help the prevention of repeat abuse of victims and increased effective management of perpetrators for all victims regardless of if they have had gender reassignment. This legislative change will impact perpetrators equally regardless of gender reassignment. It will positively impact those who may require increased support in respect of safety from the public.

Advancing equality of opportunity

90. Whilst it is recognised that males can be victims of the offence, research shows that controlling or coercive behaviour is highly gendered and disproportionality affects females.^{[footnote 5]}

This can be underpinned by gender inequality in society generally, for example the belief in gender roles which can normalise controlling or coercive behaviour. ^{[footnote 6]}

91. Data shows that in 73% of domestic abuse-related offences recorded by the Police in 2020/2021, the victim was female. ^{[footnote 7]} CPS data covering 2020/2021 showed that 76% of victims in domestic abuse-related prosecutions were female. ^{[footnote 8]} The 2022 Crime Survey for England and Wales (CSEW) estimated that just over half (54%) of adults aged 16 to 74 who had experienced domestic abuse in the last year were female. ^{[footnote 9]}

92. This legislative change will advance opportunity for women, who are more likely to be victims of domestic abuse, by introducing further risk management strategies to help safeguard them. This includes increased intelligence sharing, safety plans and consideration for disclosure of behaviour.

93. The legislative change will also include women offenders who are sentenced to the same conviction, whilst these numbers are less than men, it does mean that victims of these perpetrators will be given the same consideration.

Fostering good relations

94. We do not assess that this legislative change will directly foster relationship between people who share protected characteristics. However, the indirect impact from being managed under MAPPA allows for additional support which can include fostering good relationships relating to their protected characteristics.

Continuing analysis

95. 30 November 2023 or following release of updated statistics on domestic abuse released by CSEW, Police data or Crown Prosecution Service.

Footnotes

1. Police response to violence against women and girls - Final inspection report - His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services ↩

2. Domestic Abuse Bill Policy Equality Statement ↩

3. Domestic abuse prevalence and victim characteristics - Office for National Statistics ↩

4. NHS (2021) Domestic Abuse in Pregnancy ↩

5. Stark E (2007) Coercive Control: How Men Entrap Women in Personal Life. Oxford: Oxford University Press p.205 ↩

6. Stark. E & Hester. M. (2019) Coercive Control: Update and Review. Violence Against Women, Volume 25, Issue 1 p.81–104 ↩

7. ONS (2021) Domestic abuse prevalence and trends, England and Wales - Office for National Statistics ↩

8. ONS (2021) Domestic abuse and the criminal justice system - Office for National Statistics ↩

9. Domestic abuse prevalence and victim characteristics - Office for National Statistics ↩