Question to the Ministry of Justice:

To ask Her Majesty's Government what advice is given to (1) judges and magistrates, and (2) those in judicial training, on alternatives to custodial sentencing for women who are given short sentences for non-violent offences, such as a requirement to attend women's community centres.

Sentencing is an independent judicial decision taken in each case based on the factors about the offence and offender available to the court, and the statutory framework laid down by Parliament. Judges and magistrates also take in to account relevant case law (notably there is detailed existing guidance on the sentencing of mothers i.e. Petherick [2012] EWCA Crim 2214) and any guidelines issued by the Sentencing Council, especially the guideline on imposition of community and custodial sentences.

The Judicial College uses sentencing exercises to give judges the opportunity to discuss the weight to be given to all relevant factors and the correct approach in making a decision. Chapter 6 of the Equal Treatment Bench Book considers “Gender” and sets out some of the impact issues of imprisonment on women. The National Probation Service can advise Courts of the local options for community orders for women.