Women and the Criminal Justice System, 2019

Question 1

1.  Executive Summary

Accepted Answer

This publication compiles statistics from data sources across the Criminal Justice System (CJS), to provide a combined perspective on the typical experiences of females who come into contact with it. It considers how these experiences have changed over time and how they contrast to the typical experiences of males. No causative links can be drawn from these summary statistics, differences observed may indicate areas worth further investigation, but should not be taken as evidence of unequal treatments or as direct effects of sex. In general, females appear to be substantially underrepresented throughout the CJS compared with males. This is particularly true in relation to the most serious offence types and sentences, though patterns by sex vary between individual offences.

Figure 1.01: Proportions of males and females throughout the CJS, 2019

Victimisation

Males maintain higher risk of personal crime than females.

In 2019/20, 3.9% of males were victim to personal crime, compared to 3.4% of females. Overall personal crime rates continue to decrease from 2015/16.

The proportion of females experiencing domestic abuse in 2019/20 was 7.3%, double that of males (3.6%).

In 2018/19, 671 homicides took place; 64% of victims were male and 36% were female.

In homicides where the principal suspect was known to the victim, 67% of cases with female victims suspected the partner/ex-partner.

Police Activity

The majority (85%) of arrests continue to be accounted for by males in 2019/20.

The number of arrests has remained stable over the last 3 years following a previously downward trend.

In 2018/19, 21% of the 85,900 adults who engaged with liaison and diversion services were female.

Females in contact with the services more often had suspected alcohol misuse, financial needs, were abuse victims and had mental health needs compared to males.

Defendants

In 2019, 74% of individuals dealt with by the Criminal Justice System were male, and 26% were female.

These proportions have remained constant over the last 5 years.

Females were typically dealt with for less severe offences at court.

Of all female defendants prosecuted at court, 55% were prosecuted for summary non-motoring offences compared to 29% of male defendants in the latest year.

In 2019, the average custodial sentence length (ACSL) for male offenders was 19.7 months compared to 11.3 months for female offenders.

A greater proportion of female offenders are sentenced for offences that tend to receive shorter sentences.

Offenders under supervision or in custody

The majority (95%) of the prison population were male.

As at 30 June 2019, 5% of the prison population were female, this proportion has remained stable for the last 5 years.

Males were serving longer custodial sentence lengths.

As at 30 June 2019, 15% of females and 6% of males were serving sentences of less than 12 months.

In the 2019/20 HM Inspectorate of Prisons survey, females reported significantly more negative results for questions related to problems on arrival at prison.

Compared to males, a higher proportion of females reported: self-declared mental health problems, physical disability, having drug and alcohol problems, money worries and housing worries.

A higher proportion of female prisoners self-harmed in 2019.

In 2019, the number of individuals who self-harmed per 1,000 prisoners was 335 for females and 148 for males. Self-harm per individual was over twice as high for females at 9.3 instances, compared to 4.4 for males.

Offender characteristics

Ethnic minority groups accounted for a higher proportion of prosecutions against males compared to females.

In 2019, Black males were particularly over represented, accounting for 12% of all male prosecutions. This compared to Black females accounting for 6% of all female prosecutions.

The age distribution of female and male defendants is broadly similar.

For both sexes, the 30 to 39 age range represented the highest number of those prosecuted in 2019.

A higher proportion of female offenders were first time offenders, compared to males.

Of all female offenders cautioned or convicted in 2019, 35% were first time offenders, compared to 22% for males.

Females had a higher average number of reoffences per reoffender compared to males, at 4.33 and 3.99, respectively.

The proportion of all young offenders in the matched cohort that achieved 5 or more GCSEs (or equivalents) graded A* to C, including English and Maths, was slightly higher for the young female group, at 12%, compared to 10% for young males.

This was considerably lower than the proportion of pupils achieving this attainment level for the overall pupil population (including both offenders and non-offenders) in 2013/14 (62% for young females and 52% for young males) and 2014/15 (62% for young females and 53% for young males).

For both young males and young females that received a sentence/caution in the matched offender cohort, over half (57% of males and 61% of females) received Free School Meals (FSM).

This was higher than the proportion of pupils eligible for FSM in the overall pupil population (including both offenders and non-offenders) in 2013/14 and 2014/15 (14% for both young females and young males).

Offence analysis

TV licence evasion was the most common offence for which females were convicted in 2019.

In 2019, 74% of those convicted for TV licence evasion were female. This offence accounted for 30% of all female convictions, compared to 4% of male convictions.

Theft from shops was the most common indictable offence for which 34% of females and 14% of males were convicted in 2019.

Of the 34,300 defendants convicted for shoplifting, 9,600 (28%) were female. The custody rate for this offence was lower for female offenders (19%) than for males (26%).

Practitioners

Over the last 5 years, there have been increases in female representation across almost all CJS organisations and in the proportion of senior staff

The largest increase in female representation was seen in court judges by 5 percentage points, to 32%. Other increases included a 3 percentage point increase in both magistrates and HMPPS (excluding probation) to 56% and 40%, respectively. Female representation within MoJ and CPS remained constant.

Question 2

2.  Introduction

Accepted Answer

Section 95 of the Criminal Justice Act 1991 states that:

The Secretary of State shall in each year publish such information as they consider expedient for the purpose… of facilitating the performance of those engaged in the administration of justice to avoid discriminating against any persons on the ground of race or sex or any other improper ground…

Documents fulfilling this requirement have been published since 1992, in the form of statistical information. This report is a compendium of information from a range of data sources from across the CJS on the representation of females (and males) among victims, suspects, defendants and offenders. The publication aims to help practitioners, policy makers, academics and members of the public understand trends in the CJS in England and Wales, and how these vary between the sexes and over time.

This is the latest biennial compendium of Statistics on Women and the Criminal Justice System and follows its sister publication Statistics on Race and the Criminal Justice System published last year. Her Majesty’s Prison and Probation Service (HMPPS) Equalities report was also released on the same day as this report. In 2018, the Ministry of Justice published the Female Offender Strategy, which sets out the department’s vision and plan to improve outcomes for women in the community and custody. The strategy sets out the Government’s commitment to a new programme of work for female offenders, which will take some years to deliver, driven by our vision to see:

fewer women coming into the criminal justice system and reoffending
fewer women in custody, especially on short-term sentences, and a greater proportion of women managed in the community successfully; and
better conditions for those in custody.

The strategy aims to take an evidence-based approach to reducing crime and rehabilitating offenders. The analysis in this report addresses the key subject areas and goes some way to provide an evidence base for monitoring progress and aiding policy making decisions for the future.

Limitations on conclusions

Although we explore differences between sexes, it is important that inferences are not made about individuals from group-level data – since we consider averaged outcomes that do not take into consideration the unique sub-set of circumstances in each case. Full details on data limitations and conclusion can be found in the technical guide.

Recording of sex

‘Sex’ can be considered to refer to whether someone is male or female based on their physiology, with ‘gender’ representing a social construct or sense of self that takes a wider range of forms.

Throughout this report we refer to sex rather than gender, because the binary classification better reflects how individuals are generally reported or managed through the CJS. For example, prisons are either male or female institutions, with prisoners normally placed based on their legally recognised gender. However, given the range of recording practises (see technical guide for details) throughout the CJS, it is likely that most recording includes a mixture of physiological and personal identity. Similarly, we refer to females / males and women / men in this report, as a reflection of the binary classification in use.

Data

Every effort is made to ensure that the figures presented are accurate and complete. However, these data have been extracted from large administrative and survey data systems generated by the courts, police forces and other agencies. As a consequence, care should be taken to ensure the limitations of these data are taken into account.

All results relate to England and Wales unless explicitly stated otherwise. Large figures are generally presented rounded to the nearest thousand, and percentages to the nearest percentage point in the bulletin text (or however is most appropriate).

Data are presented in terms of calendar and financial years (usually 2019 or 2019/20), reflecting the reporting cycles and data collection of the agencies contributing information for this publication. For example, data on arrests are presented in financial years, while data from courts is presented in calendar years.

A 5-year time series’ have been presented wherever possible, of whichever length is most appropriate in context. There are few comparisons to the population as a whole, but we have considered this to be 51% female, as based on Mid-year Population Estimates from the Office for National Statistics.

The statistics reported in this bulletin are primarily National Statistics^{[footnote 1]}, as drawn from either other published National Statistics bulletins or the data underpinning them. However, as in previous reports, in order to present as full a picture as possible we have also included some statistics that do not have this badging where National Statistics are not held on important or new topics. These include:

National liaison and diversion services data from NHS England
Survey data from Her Majesty’s Inspectorate of Prisons Annual Report
Youth Custody data (Official Statistics)
(New) Understanding Educational Background of Offenders (MoJ/ DfE data share)

Where a source is not National Statistics, users should consider this when making judgements about the weight that can be put on related findings.

Information provided

Supplementary Excel (in an Open .ods format) tables accompany the chapters, providing additional data where the figures have not previously been published (or not published in that form). Where figures have been published, links are provided as part of the text and tables.
A technical document titled A Guide to Statistics on Women and the Criminal Justice System is available alongside this report, which provides users with information on the concepts and terminology used within the report, as well as information about data sources, data quality and references.
This report is also accompanied by an infographic summarising key findings.

The overall style and composition of the report have also been changed to align with Statistics on Race and the Criminal Justice System 2018, with the intention of making it easier for readers to interpret the relative experiences of males and females throughout the CJS.

The Ministry of Justice would welcome any feedback on the content, presentation or on any other aspect of this bulletin – we can be contacted through: CJS_Statistics@justice.gov.uk

Question 3

3.  Victims

Accepted Answer

Males maintain higher risk of personal crime than females.

In 2019/20, 3.9% of males were victim to personal crime, compared to 3.4% of females. Overall personal crime rates continue to decrease from 2015/16.

The proportion of females experiencing domestic abuse in 2019/20 was 7.3%, double that of males (3.6%).

In 2018/19, 671 homicides took place; 64% of victims were male and 36% were female.

In homicides where the principal suspect was known to the victim, 67% of cases with female victims suspected the partner/ex-partner.

This chapter explores the nature, extent and risks of victimisation, as reported in the Crime Survey for England and Wales (CSEW): year ending March 2020^{[footnote 2]}^{[footnote 3]}^{[footnote 4]}^{[footnote 5]}, Homicide in England and Wales: year ending March 2019, and associated publications including Domestic abuse in England and Wales: year ending March 2019, and the Nature of Violent Crime in England and Wales: year ending March 2019.

Further information on other strands of defendants prosecuted for domestic abuse, rape and child abuse can be found in the CPS Quarterly Data Summaries – Quarter 4 2019/20^{[footnote 6]}.

Crime Survey for England and Wales

Risks of victimisation

In the year ending March 2020 (referred to as 2019/20 throughout), the proportion of adults who were victim of a CSEW crime (excluding fraud and computer misuse) was 13.3%, down from 14.9% the year before, with no significant difference between men and women. Male children reported a significantly higher proportion of being a victim of a CSEW crime at 9.0%, compared to 4.0% of females^{[footnote 7]}^{[footnote 8]}. These figures had also reduced significantly from the previous year (males: 13.8%; females: 7.1%).

Perceptions of the Criminal Justice System

In 2019/20, there was a significant difference between males (63.4%) and females (57.3%) who perceived the Criminal Justice System to be fair, as seen in previous years. In the same year, 51.7% of adults perceived the Criminal Justice System as effective; this did not significantly differ between sexes. Comparisons with previous years are not possible due to changes in the order of questions asked influencing overall trends.

Personal crime^{[footnote 9]}

In 2019/20, 3.9% of male adults reported being the victim once or more of a CSEW personal crime (excluding fraud and computer misuse; down from 4.5%). This was significantly higher than the 3.4% of female adult victims in the same year (no significant change from 3.7% the previous year).

Figure 3.01: Percentage of adults who were victims of personal crime, by type, year ending March 2019

The CSEW 2018/19 provides the most recent breakdown of personal crime by offence (Figure 3.01)^{[footnote 10]} . Males were significantly more likely to fall victim to violence and robbery compared to females, with a significant increase in male robbery victims since 2017/18. Significantly more females were victim to theft from the person, than males. Overall personal crime rates decreased significantly between 2018/19 and 2019/20. Adults of both sexes aged 16-24 reported the highest prevalence of personal crime in 2019/20, with the proportion generally /decreasing with increasing age.

Among children, 7.9% of males reported crimes against the person in 2019/20, significantly more than females did (3.7%).

Violent Crime

Violent crime was reported by a higher proportion of males (2.1%) than females (1.4%) in 2018/19. Similarly, males were twice as likely to be subjected to violence from a stranger (1.3%) than females (0.6%)^{[footnote 11]}^{[footnote 12]}.

Age

Violent crime was most prevalent in the 16-24 age group (Figure 3.02). The proportion of adults who experienced violent crime generally decreased with increasing age. The 75+ group was the only age group where prevalence of violent crime in highest among females. In 2019/20, 2.6% of all children were victims of violent crime. As with personal crime, a greater proportion of males were victims, than females (3.6% and 1.4%, respectively).

Figure 3.02: Percentage of adults who were victims of violent crime, by age group, year ending March 2019

Intimate violence

Intimate violence refers to a range of physical and non-physical abuse including domestic abuse, sexual assault and stalking. ‘Intimate’ reflects the nature of the relationship between victim and perpetrator or the nature or the abuse itself. Following past trends, females were disproportionately affected by all forms of intimate violence, according to CSEW data^{[footnote 13]}.

Sexual Assault^{[footnote 14]}^{[footnote 15]}

In 2019/20, sexual assault towards females within the last year were over 4 times higher than towards males. Of all sexual offences, indecent exposure and unwanted touching had the highest prevalence rate. 2019/20 saw a fall in the prevalence of sexual assault in the last year for women aged 16 to 74 (3.7% in 2018/19 to 2.9% in 2019/20). This was driven by a decrease in prevalence of indecent exposure and unwanted touching, and rape excluding attempts. There was no significant difference in the prevalence of sexual assault in the last year among men aged 16-74 for 2019/20 (0.7%) compared to 2018/19.

Domestic abuse^{[footnote 16]}

In 2019/20, 27.6% of females aged 16-74 reported being victims of domestic abuse once or more since age 16, double that of males (13.8%)^{[footnote 17]}. Consistently, the proportion of females who reported experiencing domestic abuse in the last year (7.3%) was twice that of males (3.6%).

Over a three-year timeseries, a larger proportion of males aged 16-59 had experienced only one form of abuse in the last year (84.6%) compared to females the same age (77.9%)^{[footnote 18]}. More females experienced two types of abuse (18.3%) than males (13.5%), often including domestic stalking. Females of all age groups were more likely to experience domestic abuse than males. Highest prevalence in females was seen in those aged 20-24 (15.1%), with younger males experiencing highest prevalence in the 16-19 age group (6.5%).

Homicide^{[footnote 19]}

In 2018/19, 671 individuals were victims of homicide in England and Wales; 64% of which were males and 36%, females (Figure 3.03). The relative proportion of male and female victims has remained consistent over the last five years^{[footnote 20]}. Female homicide victims were most often between 25-34 years old (17%). Male victims were comparatively younger, with equal proportions within the 16-24 and 25-34 age groups (both 22%). Male homicide victims had higher prevalence in all age groups, except those over 65, and 5-15, where females were more often the victim.

Method and Location

In 2018/19, the most frequent method of killing was ‘sharp instrument’ for both males (46%) and females (25%), accounting for 39% of all homicides, consistent with previous years. For females, this was followed by ‘strangulation, asphyxiation’ (17%), and, for males, ‘hitting, kicking, etc.’ (18%).

The majority of female homicides took place in or around a house/dwelling (71%), whereas only 39% of male homicides took place here. Males were proportionately more likely to be victims of homicide in public places, notably on the street (males: 30%; females: 6%). This reflects the difference in relationship to suspect in cases for men and women – with women much more likely to be killed by an acquaintance.

Relationship to Suspect and Circumstance

In homicides where the principal suspect was known to the victim, 67% of cases with female victims suspected the partner/ex-partner^{[footnote 21]}, whereas when the victim was male, only 9% of cases suspected the partner/ex-partner. In homicides with victims under the age of 16, where the principal suspect was identified, 31% of suspects were the parent (males: 21%; females: 42%).

Figure 3.03: Number of homicide offences currently recorded by the police, by sex of victim, 2008/09 to 2018/19

Question 4

4.  Police Activity

Accepted Answer

The majority (85%) of arrests continue to be accounted for by males in 2019/20.

The number of arrests has remained stable over the last 3 years following a previously downward trend.

In 2018/19, 21% of the 85,900 adults who engaged with liaison and diversion services were female.

Females in contact with the services more often had suspected alcohol misuse, financial needs, were abuse victims and had mental health needs compared to males.

This chapter explores the activity of the police, by the sex of the suspect or offender they deal with. It covers statistics on arrests and detentions under the Mental Health Act (1983), which are published by the Home Office in the Police Powers and Procedures, England and Wales, year ending 31 March 2020 publication. There are also sections covering statistics on out of court disposals which come from the Criminal Justice Statistics Quarterly: December 2019, published by the Ministry of Justice, and experimental pilot data from national Liaison and Diversion services, as supplied by NHS England.

Arrests^{[footnote 22]}^{[footnote 23]}

In 2019/20, 640,000 arrests were carried out by police in England and Wales, which has remained stable over the last 3 years following a previously downward trend. Females accounted for 15% of arrests, unchanged since 2015/16.

Age groups

The number of arrests has seen a larger percentage decrease for children than adults over the last 5 years, with decreases of 21% for adults and 27% for children since 2015/16. When split by sex, larger percentage decreases were seen over the last 5 years for female adults (25%) and children (31%) compared to males (21% and 26% respectively).

Figure 4.01: Number of arrests, by age group and sex, 2015/16 to 2019/20

Offence groups

In 2019/20, violence against the person and theft offences accounted for the largest proportion of arrests for both males and females. These offences accounted for a larger proportion of female arrests, whereas drug offences and sexual offences accounted for larger proportions of male arrests.

Figure 4.02: Proportion of arrests within each offence group, by sex, 2019/20

Detentions under section 136 of the Mental Health Act (1983)^{[footnote 25]}

In 2019/20, 31,800 individuals were detained under section 136 of the Mental Health Act (1983) in England and Wales, a 2% increase when compared to the previous year^{[footnote 26]}. Of the cases where the sex of the individual being detained was recorded, 45% were female and 55% were male.

Liaison and diversion services^{[footnote 27]}

Adults

In 2018/19, a total of 85,900^{[footnote 28]} adults engaged with liaison and diversion services, of which just over a fifth (21%) were females which is a higher proportion than those arrested (please see arrests section of this chapter). The main source of referral was police custody, accounting for 72% of males and 73% of females referred to liaison and diversion services.

The most common offence group^{[footnote 29]} for those engaged with liaison and diversion services was violence against the person, for which a larger proportion of females were being dealt with compared to males (29% compared to 22%).

Higher proportions of females in contact with liaison and diversion services were suspected as having issues with alcohol misuse, had financial needs and were abuse victims. There was also a higher proportion of females with mental health needs, the majority of which were depressive illness which affected 25% of females compared to 20% of males.

Young people

In 2018/19, 12,300^{[footnote 30]} young people engaged with liaison and diversion services, of which 19% were female. The main source of referral was the police, accounting for 60% of male and 68% of female young people.

As with adults, the most common offence group was violence against the person, for which 37% of female young people were being dealt with when referred to liaison and diversion services compared to 19% of male young people.

A higher proportion of young females were suspected as having issues with alcohol misuse, were identified at risk of suicide, self-harm or harm through personal neglect and in need of accommodation, education, employment or training. Mental health needs were higher for young females, the majority of which were for emotional and behavioural issues, affecting 31% of females and 18% of males.

Out of Court Disposals^{[footnote 31]}

Penalty Notices for Disorder (PND)^{[footnote 32]} issued

The number of PNDs issued has continued to decline over the last 5 years, falling from 47,400 in 2015 by 58% to 19,800 in 2019. The proportion of PNDs issued to females was stable at 22% until 2018 when it fell to 19% and then to 18% in 2019.

Figure 4.03: Number of Penalty Notices for Disorder issued, by sex, 2015 to 2019

Penalty Notices for Disorder - Offences

In 2019, the same proportion (98%) of PNDs issued were for higher tier offences for both males and females. 19.30This breakdown has remained relatively constant over the last 5 years.

Drunk and disorderly accounted for the highest proportion of PNDs issued for both males and females in 2019. In the latest year, a higher proportion of females were issued PNDs for theft (retail under £100) compared to males, whereas males were more often issued PNDs for possession of cannabis compared to females (see Figure 4.04).

Figure 4.04: Percentage of Penalty Notices for Disorder issued, by offence and sex, 2019

Penalty Notices for Disorder - Payment

In 2019, 50% of PNDs were paid in full, and 35% resulted in a fine for late payment. A lower proportion of females paid their PNDs in full (47%) compared to males (51%) and had a slightly higher proportion of fines registered (36% compared to 35%).

Cautions issued^{[footnote 33]}^{[footnote 34]} In 2019, 60,800 cautions were issued, 78% to males and 22% to females. The proportion issued to females has slightly decreased over the last 5 years, from 24% in 2015.

Figure 4.05: Number of cautions issued, by sex, 2015 to 2019

Cautions – Offences^{[footnote 35]}

Of all cautions issued in 2019, 55% were for indictable offences, a proportion which has been increasing over the last 5 years, from 49% in 2015. The proportion of males issued a caution for indictable offences was 56%, compared to 52% for female offenders. As with PNDs, a larger proportion of female offenders were cautioned for theft offences (19% compared to 10% for males) whereas a larger proportion of male offenders were cautioned for drug offences (27% compared to 13% for females).

Cautioning rates^{[footnote 36]}

The overall cautioning rate has been gradually decreasing over the last 5 years, from 18% in 2015 to 11% in 2019, and has been consistently lower for females than males, at 7% for females and 11% for males in 2019. Females had a higher cautioning rate for indictable offences (20%) and a lower rate for summary offences (4%) compared to males (14% and 9% respectively) in 2019.

Question 5

5.  Defendants

Accepted Answer

In 2019, 74% of individuals dealt with by the Criminal Justice System were male, and 26% were female.

These proportions have remained constant over the last 5 years.

Females were typically dealt with for less severe offences at court.

Of all female defendants prosecuted at court, 55% were prosecuted for summary non-motoring offences compared to 29% of male defendants in the latest year.

In 2019, the average custodial sentence length (ACSL) for male offenders was 19.7 months compared to 11.3 months for female offenders.

A greater proportion of female offenders are sentenced for offences that tend to receive shorter sentences.

This chapter explores outcomes for defendants in the Criminal Justice System (CJS) predominantly drawing on data from the Criminal Justice Statistics quarterly: December 2019 publication. Other sources in this chapter include Criminal Courts Statistics and Legal Aid Statistics. When a suspect is formally charged, they are brought before a magistrates’ court (as a defendant) as soon as possible. Following prosecution, defendants found guilty are subsequently convicted and sentenced. The defendant can be directed to appear in court or remanded on bail or custody.

Figure 5.01: The journey of males and females through the CJS, 2019

Individuals^{[footnote 37]} formally dealt with by the Criminal Justice System (CJS)^{[footnote 38]}

In 2019, 341,000 females (26%) and 968,000 (74%) males were formally dealt with by the CJS, either by an out of court disposal (OOCD) or court proceedings. Over the last 5 years, the number of individual formally dealt with has decreased but the proportions have remained constant.

Figure 5.02: Individuals dealt with formally by the CJS, by sex, 2015 to 2019

Prosecutions^{[footnote 39]}

Just over a quarter (26%) of all prosecutions were for female defendants in 2019, which has remained stable over the last 5 years.

Similar falls have been seen in the number of defendants prosecuted over the last 5 years when broken down by sex; the number of prosecutions for male defendants fell by 11% to 904,000 in 2019 and prosecutions for female defendants fell by 12% to 324,000 in 2019.

In 2019, over half (55%) of the prosecutions for female defendants were for summary non-motoring offences, compared to under a third (29%) of male defendants. A higher proportion of males were proceeded against for indictable offences (22%) compared to females (10%). Over the last 5 years, the proportion of prosecutions for summary non-motoring offences has been decreasing for both male and female defendants, offset by increases in both indictable and summary motoring offences.

Figure 5.03: Number of defendants proceeded against at magistrates’ courts, by offence type and sex, 2015 to 2019

Prosecuting authority^{[footnote 40]}

In 2019, 26% of the 1.25 million defendants of known sex that had a completed case were female. Of all female prosecutions, 56% were brought forward by a prosecuting authority other than the police, compared to 23% for male defendants. This has remained broadly stable since 2015.

Figure 5.04: Proportion of the defendants brought to magistrates’ court by prosecuting authority and sex, 2019

The number of TVLEO prosecutions has decreased for both female (down 30%) and male (down 37%) defendants since 2015, although the decrease between 2018 and 2019 was negligible compared to previous years.

In 2019, females accounted for the highest proportion of Local Authority prosecutions for the first time since 2016. This can be explained by a 7% rise for females and a 4% fall for males between 2018 and 2019.

Criminal Legal Aid

Criminal legal aid consists of legal advice and representation provided to people being investigated or charged with a criminal offence, covering police stations, prisons, and the courts. Crime higher concerns legal representation in the Crown Court and above. Crime lower covers work carried out by legal aid providers regarding police station advice, magistrates’ court work and prison law.

In 2019, 15% of the total crime lower legal aid workload was for female clients and this proportion has remained stable over the last 5-year period^{[footnote 41]}. The proportion of female legal aid recipients in the Crown Court was lower with 10% of the crime higher legal aid workload in 2019^{[footnote 42]}.

Figure 5.05: Crime lower legal aid workload by sex and legal aid category, 2019

Police station advice and magistrates’ court representation constitute the majority of the total crime lower work load (97%). Police station advice alone accounts for 71% of the workload for both sexes in 2019, increasing from around 60% since 2012.

Prison law comprised less than 1% of the female and 3% of the male workload; both proportions have remained steady in the last 5 years but reflect falling prison population figures.

In the Crown Court, 90% of crime higher legal aid work related to male clients. This proportion has remained very similar over the last 5-year period. As with crime lower, there has been a decreasing trend in the volume of crown court legal aid.

Crown Court cases

In 2019^{[footnote 43]}, the majority of defendants for triable-either-way cases that were sent to the Crown Court were sent on the direction of the magistrate (85%). This proportion was slightly less for females (83%), than for males (85%).

In 2019, 15% of males and 17% females elected to be tried at the Crown Court. Between 2015 and 2019 there was a rise in proportion of defendants electing to be tried at the Crown Court, up 7 percentage points for females and 8 percentage points for males.

Representation at the Crown Court

Following changes to the administrative systems at the Crown Court that completed in September 2019, estimates of defendants’ representation status at the Crown Court are not available for this release. It has not been possible to accurately replicate the existing methodology and produce robust estimates in time for this release following changes to the way that data are recorded.

It is our intention to develop and test a new methodology that maintains our high professional standards and ensures that accurate, consistent series are available to all. We will provide further updates regarding the availability of a consistent back series in subsequent Criminal Court Statistics publications^{[footnote 44]}.

Plea at the Crown Court^{[footnote 45]}

A consistently lower proportion of female defendants entered a guilty plea over the last 5 years, at 66% in 2019 compared to 71% of male defendants.

Females also consistently had a higher guilty plea rate for indictable offences. In 2019, the guilty plea rates for indictable-only offences were 57% for males and 61% for females, and for triable-either-way offences they were 74% for males and 67% for females.

Convictions

The proportion of convicted offenders who were female was 27% in 2019 and has remained stable over the last 5 years.

The conviction ratio has been consistently higher for female offenders over the last 5 years, and was 88% in 2019, compared to 87% for males. Conviction ratios were higher for summary offences and as a higher proportion of female offences were summary, this in part explains the higher conviction ratio for female offenders.

Remands^{[footnote 46]}^{[footnote 47]}

Police and pre-court remand

In 2019, 1.29 million defendants^{[footnote 48]} were directed to appear at magistrates’ courts (including those who failed to appear). Over the last 5 years, a higher proportion of males were bailed or remanded in custody. A higher proportion of female defendants were not remanded by police, which may be due in part to the different types of offences for which females and males are prosecuted and hence the risk they are perceived as representing. The increasing trend for both male and female defendants who were not remanded and bailed by police has stabilised with small changes in the latest year.

Magistrates’ court remand

Remands at magistrates’ court followed similar trends to police remands over the last 5 years, with lower proportions of female defendants bailed or remanded in custody.

Figure 5.06: Remand status at magistrates’ courts, by sex, 2015 to 2019

Of those remanded in custody at magistrates’ court in 2019, 65% of male defendants were sent for trial or sentencing at Crown Court, compared to 50% of female defendants. This is reflected in the higher proportion of females remanded in custody who were sentenced to immediate custody at magistrates’ court, 17% in 2019 compared to 13% for males.

Crown Court remand

Over the last 5 years at Crown Court, there was a steady increase in the proportion of both male and female defendants who were not remanded, with a gradual increase of the proportion remanded in custody, offset by a decrease in the proportion of those bailed.

In contrast to what is seen for police and magistrates’ courts remand, females consistently had a higher proportion than males to be bailed at the Crown Court. This difference is likely to be linked to the greater seriousness of offences typically dealt with at the Crown Court.

Figure 5.07: Remand status at Crown Court, by sex, 2015 to 2019

Outcomes for defendants remanded in custody at Crown Court

Of those remanded in custody at Crown Court in 2019, 76% of male offenders were sentenced to immediate custody compared to 60% of females. Over the last 5 years, these proportions have been gradually increasing. Compared to male offenders, a larger proportion of females were given suspended sentences.

Case Management^{[footnote 49]}

Effectiveness of trials

The proportion of ineffective and cracked trials was higher for females (20% and 37%) than males (16% and 33%) in 2019. Consequently, there is a lower proportion of effective trials for females (43%) compared to males (50%).

Timeliness^{[footnote 50]}

In 2019, the median average days from the offence to the completion of the criminal case was 153 days for females and 162 for males. This is a slight rise in median offence to completion from 2015 for females of 2% (150 days) and a larger rise of 9% for males (149 days).

Between 2015 and 2019 the median time from offence to charge increased for both females and males to varying degrees, up 10% and 33% respectively. The median time from charge for first listing decreased for females (down 12%) but increased for males (up 15%).

The median offence to completion for all individual offence groups is higher for females than males except for violence against the person and theft offences.

The biggest difference between males and females in median days from offence to completion is the 102 days more (25%) for females in fraud offence cases, which can be explained by the 108 days higher offence to charge for females in comparison to males.
The largest percentage difference is for drug offences which have a median offence to completion that is 47% higher (49 days) for females in comparison to males. This is true for all stages of timeliness for drug offences.

Figure 5.08: Median number of days from offence to completion, by offence group and sex, 2019

Pre-sentence reports^{[footnote 51]}

In 2019, sentences for female offenders had a higher level of concordance with their pre-sentence report (excluding ‘Other’) (66%) than male offenders (59%). In the same period, 16% of court reports prepared were for females, a proportion which has remained consistent in the last five years.

In 2019, 43% of all PSRs were written, fast delivery PSRs^{[footnote 52]} (females 39%, males 44%). At 53%, oral fast delivery PSRs^{[footnote 53]} were more common, especially for females (females 60%, males 52%), while standard PSRs^{[footnote 54]}, which are given for more serious offences, were much less common and were given proportionally more often to male offenders (4%) compared with female offenders (1%). This aligns with the differences in the types of offence males and females were typically prosecuted for, as discussed in Chapter 8: Offence Analysis.

The overall level of concordance between sentences proposed and sentences given (excluding ‘Other’) has fallen from 74% in 2017 to 68% in 2018 and was 60% in 2019. In 2019, the highest level of concordance (excluding suspended sentence orders) for both males and females was in custodial sentences, at 89% for males and 79% for females^{[footnote 55]}.

Figure 5.09: The level of concordance between sentences proposed and outcomes for female and male offenders, by sentence type, 2019^{[footnote 56]}

Sentencing^{[footnote 57]}

In 2019, 1.07 million offenders were sentenced, of which 27% were female, a proportion which has remained stable over the last 5 years.

In 2019, fines were the most common sentence given to both male and female offenders sentenced at all courts, but females typically had less severe sentencing outcomes. Of those sentenced, a consistently higher proportion of female offenders were fined and had a lower average fine than male offenders over the last 5 years.

In 2019, 86% of female offenders were sentenced to a fine with an average fine of £230, compared to 72% of male offenders with an average fine of £302. Compared to male offenders, a larger proportion of female offenders were prosecuted for summary offences, which may account for this difference.

Figure 5.10: Proportion of offenders sentenced, by sentencing outcome and sex, 2019

Sentencing outcomes for indictable offences

In 2019, a smaller proportion of female offenders were sentenced for indictable offences at 10%, compared to 22% of male offenders.

When comparing sentencing outcomes for male and female offenders, a consistently larger proportion of male offenders receive custodial sentences whereas larger proportions of female offenders receive community sentences or a conditional discharge.

Figure 5.11: Proportion of offenders sentenced for indictable offences, by sentencing outcome and sex, 2019

Sentence lengths and average custodial sentence length (ACSL)

In 2019, 50% of female offenders who were sentenced to custody received sentences of up to and including 3 months, compared to 31% of males and these proportions have been decreasing for both female and male offenders over the last 5 years.

Figure 5.12: Proportion of offenders sentenced to immediate custody, by custodial sentence length and sex, 2019^{[footnote 58]}

The ACSL for male offenders in 2019 was 19.7 months compared to 11.3 months for female offenders. This is driven in part by a higher proportion of female offenders getting sentenced for offences that tend to receive shorter sentences.

The overall ACSL (where sex is known) has been increasing over the last 5 years, from 16.3 months in 2015 to 19.0 months in 2019.

Figure 5.13: Average custodial sentence length, by sex, 2015 to 2019

Question 6

6.  Offenders under supervision or in custody

Accepted Answer

The majority (95%) of the prison population were male.

As at 30 June 2019, 5% of the prison population were female, this proportion has remained stable for the last 5 years.

Males were serving longer custodial sentence length.

As at 30 June 2019, 15% of females and 6% of males were serving sentences of less than 12 months.

In the 2019/20 HM Inspectorate of Prisons survey, females reported significantly more negative results for questions related to problems on arrival at prison.

Compared to males, a higher proportion of females reported: self-declared mental health problems, physical disability, having drug and alcohol problems, money worries and housing worries.

A higher proportion of female prisoners self-harmed in 2019.

In 2019, the number of individuals who self-harmed per 1,000 prisoners was 335 for females and 148 for males. Self-harm per individual was over twice as high for females at 9.3 instances, compared to 4.4 for males.

This chapter (largely drawing from the ‘Offender Management statistics Quarterly’) provides statistics relating to offenders in custody or under supervision in the community, by sex. Topics include: Prison Population, Youth Custody, Unsentenced prison remand population, Sentences served in prison (type and length) Receptions and Releases, Her Majesty’s Inspectorate for Prisons (HMIP) survey^{[footnote 59]}, Self-harm in custody, Probation (Community Orders and Suspended Sentence Orders).

Further information on the following topics related to offender management is available online: Substance Misuse Treatment Programmes, Offender Learning, Safety in Custody, Deaths in or following police contact, Discipline in Prison Establishments (Adjudications), Restricted Patients, Home Detention Curfew, Release on Temporary License, Licence Recalls.

The HMPPS Offender Equalities report 2019/20 (released on the same day as this report) also includes information on: Mother and Baby units, Sexual Orientation in the Prison Population, Accredited Programmes, Incentives and Earned Privileges and Electronic Monitoring.

Prison population

The total prison population as at 30 June 2019^{[footnote 60]} was 82,700. Females represented 5% of the prison population and this proportion has remained stable over the last five years.

As at June 2019, the female prison population was 3,800 and has decreased 3% over the last 5 years, compared to 78,900 for the male prison population (decreasing 4% over the same time period).

Figure 6.01: Prison population, by sex, June 2015 to June 2019

Unsentenced remand prison population

As at 30 June 2019, there were 9,100 prisoners held on remand (unsentenced), 6% of the prison population held on remand were female and this proportion was stable over the last 5 years.

Youth secure estate

In June 2019, the number of children and young people up to 18 years old in secure estates^{[footnote 61]} was 885, of which 3% were female. This proportion has remained stable over the last 5 years (June 2015 – June 2019) despite the overall fall of 18% in the under 18 custody population.

Prison receptions^{[footnote 62]} and releases^{[footnote 63]}

In 2019, there were 72,200 first receptions into prison, of which 90% were male and 10% were female. Of the 62,800 offenders released from prison sentences in 2019, 91% were male and 9% female. This proportions differ from the total prison population, which were 95% and 5% respectively. This difference is driven by female offenders receiving shorter average custodial lengths than males.

Sentences served in prison

Of the sentenced prison population, sentences can be divided into two broad groups: determinate sentences which are for a fixed period, and indeterminate sentences (these include life sentences and indeterminate sentences for public protection – IPPs).

As at 30 June 2019, 13% of the sentenced male prison population were serving indeterminate sentences compared to 11% of the female population.

As at 30 June 2019, the sentence length profile of males and females under a determinate sentence differs, with a higher proportion of females (15%) serving sentences of less than 12 months, compared to 6% of males^{[footnote 64]} (influenced by custodial sentencing in Chapter 5: Defendants and offence mix in Chapter 7: Offence Analysis).

Figure 6.02: Proportion of prisoners serving immediate custodial sentences by sentence length, sex, June 2019

Her Majesty’s Inspectorate for Prisons (HMIP) Survey

Her Majesty’s Inspectorate of Prisons (HMIP) for England & Wales aims to ensure independent inspection of places of detention, report on conditions and treatment, and promote positive outcomes for those detained and the public. The HMIP Annual Report 2019/20 identifies differences in reported prison experiences between male and female prisoners^{[footnote 65]}.

In 2019/20, 7,002 prisoners completed the survey of which 694 were female. Compared to males, a significantly higher proportion of females reported: self-declared mental health problems, physical disability, having drug and alcohol problems, money worries and housing worries. A higher proportion of females also reported having a child under 18.

Once in prison, females generally reported a better experience when: on arrival, on the first night, induction and life on the wing. Despite this, a higher proportion of females reported verbal abuse, threats and bullying from other prisoners.

Females reported better conditions and facilities than males regarding: having their own cell, clean clothes, clean sheets, relationships with staff and contacting family and friends. Females reported that it was harder for family and friend to visit them in prison (this may be due to there being fewer female prisons so the average distance from home is greater).

Self-harm in prison

Self-harm in prison custody is defined as ‘any act where a prisoner deliberately harms themselves irrespective of the method, intent or severity of any injury.’ In the last 5 years, females consistently had a higher proportion of prisoners who self-harmed and a higher number of instances of self-harm per 1,000 prisoners^{[footnote 66]}.

In 2019, the number of individuals who self-harmed per 1,000 prisoners was 335 for females and 148 for males^{[footnote 67]}. Instances of self-harm per individual was over twice as high for females at 9.3, compared to 4.4 for males.

Figure 6.03: Number of Self-harm individuals in prison per 1,000 prisoners by sex, 2015 to 2019

Probation

This section looks at offenders starting supervision as a result of a court order, including those starting supervision as a result of a community order or a suspended sentence order^{[footnote 68]}.

In 2019, females made up 17% of offenders issued community orders and 14% of suspended sentence orders (with requirements). These proportions have remained stable for the last 5 years.

As with custodial sentences, females on average received shorter community orders (11.6 months) and suspended sentence orders (16.6 months) on compared to males (at 12.5 and 17.3 months respectively).

Question 7

7.  Offender characteristics

Accepted Answer