UK breaches own anti-slavery law

Women face possible removal or deportation to a country where they have no connection and leaving family behind.

Foreign national women in the criminal justice system, including trafficking victims, are facing inappropriate imprisonment and the threat of deportation with insufficient rehabilitation or support, according to a new report published this week by the Prison Reform Trust and Hibiscus Initiatives.

The report, Still No Way Out, found that foreign national women, many of whom are accused or convicted of non-violent offences and who have in many cases been trafficked or coerced into offending, are receiving inadequate legal representation, poor interpreting services and disproportionate punishment.

And the report’s findings suggest that measures put in place to protect victims of trafficking and modern slavery are too often failing to prevent them from being prosecuted for offences committed as a consequence of their exploitation by traffickers.

A relentless focus in recent years by the Home Office and Ministry of Justice, driven by the government’s ‘hostile environment’ policy of deporting increasing numbers of foreign nationals in difficulties with the law, has restricted the use of bail and of proportionate alternatives to custody and their access to rehabilitation and resettlement services.

‘Foreign national offender’ is a broad term encompassing those convicted of any offence without evidence of British nationality.

But women classed as foreign nationals may have lived legally in the UK for many years, in some cases since childhood, and regard themselves as British.

They may also have dependent children, yet their leave to remain may be revoked following a criminal conviction, so that they face possible removal or deportation to a country where they have no connection, leaving family and community behind.

Figures in the report show that more than half (53 per cent) of foreign national women in prison who are supported by Hibiscus had problems relating to their immigration status.

And the report recommends that foreign nationals with contested or uncertain immigration status should be guaranteed independent immigration advice and should not have to enter a plea on a criminal matter until legal advice has been provided.

The report also raises concerns about the failure to identify and ensure the non-prosecution of victims of trafficking and modern slavery who have been compelled to commit offences – as is required by law under Section 45 of the Modern Slavery Act 2015.

Of the 585 foreign national women prisoners Hibiscus assisted between February 2013 and March 2017, 45 women were identified as victims or potential victims of trafficking: they all had disclosed information about their exploitation. They represented 8 per cent of Hibiscus’s total caseload.

And foreign national women are over-represented in the criminal justice system, especially on remand.

They account for around 8 per cent of the general population in England and Wales, but over 12 per cent of all women received into prison each year and nearly 19 per cent of those remanded.

Figures compiled by Hibiscus, from the women they supported between 2013 and 2017, show that half were held in prison on remand; 49 per cent of those given a custodial sentence were serving a year or less; and the most common offences for which the women were in prison were fraud (18 per cent), theft (18 per cent) and false document offences (10 per cent) – all indicator offences for trafficking and coercion.

Foreign national women in prison receive little or no rehabilitative opportunities in prison and poor resettlement planning and support. Inspection reports highlight that support for foreign national women in prison, such as interpreting and immigration legal advice, varies considerably and that resettlement support is generally poor.

Prisons face significant challenges in meeting the needs of foreign national women and trafficked women in prison, because of a lack of information about prisoners before their arrival, the turnover of women serving short sentences and the lack of resources needed to provide necessary support.

Official data and prison inspectorate reports show that access to open conditions, Release on Temporary Licence (ROTL) and Home Detention Curfew (HDC) remain very limited for foreign national women in prison.

This is despite the fact that most have been convicted of non-violent, often minor, offences and many may not ultimately be deported. The overriding focus on their removal from the UK jeopardises fair treatment and rehabilitation.

Analysis of HM Inspectorate of Prisons surveys revealed that most foreign national women receive very poor levels of support to prepare them for release, and providers of ‘through the gate’ support are not explicitly required to address the distinct needs of foreign national women.

Confusion over the respective responsibilities of prisons, the National Probation Service and Community Rehabilitation Companies has created additional difficulties for foreign national women, who are at – an increased – risk of getting lost in the system.

Furthermore, the current limited availability of official data about the experiences of foreign national women in the criminal justice system and failure to monitor outcomes impede both understanding of their over representation in custody and progress to address this.

The report recommends that the principle of ‘explain or reform’ adopted by central government, following the Lammy Review of racial bias in the criminal justice system, should be extended to include people with foreign national status.

Katy Swaine Williams, Senior Project Officer at the Prison Reform Trust’s ‘Transforming Lives’ programme, aiming to reduce women’s imprisonment, said: “Foreign national women remain largely hidden in our justice system, with the authorities focusing on their removal and not their rehabilitation.

“Our report reveals that very limited official information is recorded or analysed about the nature of these women’s offending and outcomes in terms of sentencing, reoffending and rehabilitation.

“Specialist support for foreign national women is scarce and criminal justice practitioners are often not equipped to ensure they understand the process and are fairly treated.

“Despite legislation to protect victims of trafficking, current processes are failing to identify vulnerable women and prevent their prosecution for offences they were compelled to commit.”

Click here to download a copy of the full report.

A shorter, summary version of the report is also available by clicking here.