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NO WAY OUT A briefing paper on foreign national women in prison in England and Wales January 2012
1. Introduction Foreign national women, many of whom are known to have been trafficked or coerced into offending, represent around one in seven of all the women held in custody in England and Wales. Yet comparatively little information has been produced about these women, their particular circumstances and needs, the offences for which they have been imprisoned and about ways to respond to them justly and effectively. This Prison Reform Trust briefing, drawing on the experience and work of the charity FPWP Hibiscus, the Female Prisoners Welfare Project, and kindly supported by the Barrow Cadbury Trust, sets out to redress the balance and to offer findings and recommendations which could be used to inform a much-needed national strategy for the management of foreign national women in the justice system.
An overarching recommendation of Baroness Corston’s report published in 2007 was the need to reduce the number of women in custody, stating that “custodial sentences for women must be reserved for serious and violent offenders who pose a threat to the public”. She included foreign national women in her report, seeing them as:
A significant minority group who have distinct needs and for whom a distinct strategy is 1 necessary. NoWayOut_Layout109/01/201212:11Page2
However, when the government response2 and This comes at a time when an increasing then the National Service Framework for percentage of foreign women, who come to the Improving Services to Women Offenders were attention of the criminal justice and immigration published the following year, there were no systems and who end up in custody, have been references to this group.3 living in the UK long enough for their children to consider this country as home. Four years further on little progress has been made. "In spite of their evident needs”,4 The HM Drawing on Hibiscus’ records of its work with Chief Inspector of Prison’s Annual Report for foreign national women, this report attempts to 2008-9 pointed out that: gain a better understanding of the current situation for these women, see this in the context of changes over the last few years and Support for foreign national women, a outline what needs to be done. significant proportion of women prisoners, is still not well developed in many prisons.
If anything, due to the government’s focus on ensuring that “foreign criminals” do not have 2. Size and nature of the population rights to remain in the country, the expansion of The latest annual data published by the Ministry the Immigration Removal Centre (IRC) estate of Justice (MoJ) show that there were 650 non- 6 and a focus on fast track removals, the plight of UK nationals in the female estate. Although this this group has worsened. One of the key is only 6% of the total foreign national prison elements of the UK Borders Act 2007, which population, the proportion of foreign national came into force in January 2009, was automatic women was higher than in the male prison deportation of non-British citizens who have estate, with 15% of the female prison been sentenced to a period of imprisonment for population categorised as non-UK nationals 12 months and over. The intolerance of any compared with 13% of men. non-UK national who breaks the law remaining Further details are provided by the annual in the country is further emphasised in the most Offender Management Caseload Statistics recently published UKBA five year strategy (OMCS).7 These show that over the last ten which talks of: years there has been a 27% growth in the female prison population, but the growth in the Considering with partners, including the foreign national sector of this is much higher at Crown Prosecution Service, the most 49%.8 However the most recent prison effective use of out of court disposals such population data show a slight reduction in the as cautions together with immigration powers, to remove low level foreign national overall numbers of women in custody, and a 5 offenders as an alternative to prosecution. 10% reduction in the number of foreign national women in prison.9
1Corston,J(2007)The Corston Report: A report by Baroness Jean Corston of a Review of Women with Particular Vulnerabilities in the Criminal Justice System,London:TheHomeOffice. 2MinistryofJustice(2007)The Government’s Response to the Report by Baroness Corston of a Review of Women with Particular Vulnerabilities in the Criminal Justice System:MinistryofJustice;availableatwww.justice.gov.uk/publications/docs/corston-report-march-2007.pdf 3MinistryofJustice/NOMS(2008)National Service Framework: Improving Services to Women Offenders:MinistryofJustice;availableat nicic.gov/Library/023122 4HMChiefInspectorofPrisons(2010)AnnualReport2008-9;www.justice.gov.uk/downloads/publications/corporate-reports/hmi-prisons 5UKBorderAgency(2010)Protectingourborder,protectingthepublic:TheUKBorderAgency’sfiveyearstrategyforenforcingourimmigration rulesandaddressingimmigrationandcrossbordercrime 6MinistryofJustice(2011)OffenderManagementCaseloadStatisticsQuarterlyBulletin,April-June2011,(Table1.5),London:MinistryofJustice 7MinistryofJustice(2011)Offender Management Caseload Statistics 2010,London:MinistryofJustice 8MinistryofJustice(2011)OffenderManagementCaseloadStatistics,2010,(TableA1.17),LondonMinistryofJustice. 9MinistryofJustice(2011)OffenderManagementCaseloadStatisticsQuarterlyBulletin,April-June2011,(Table1.5), www.justice.gov.uk/publications/statistics-and-data/prisons-and-probation/oms-quarterly.htm 2 NoWayOut_Layout109/01/201212:11Page3
When we look at more detailed information, we for importation of Class A drugs. (This compares see that the overall increase in numbers of to 21% of the UK population).14 Within the foreign national women in prison is not solely Hibiscus caseload the average length of due to an increase in those who are sentenced, sentence given in 2009 for this offence was six but rather there are a disproportionate number years, with findings of guilt after entering not remanded to custody to await trial, with a rise of guilty pleas resulting in sentences of up to 15 171% between 2000 and 2009.10 Figures for years. The second main offence group was that 2009 show that foreign national women in of ‘fraud and forgery’ which accounts for 16% prison account for 25% of all untried receptions of foreign national women in custody. to custody.11 European woman in her thirties arrested for being ‘knowingly 3. Offence categories It could be argued that there are more foreign concerned’ in the importation of national women remanded into custody and drugs then sentenced to prison because their offences are becoming more serious. But the evidence ‘H’ bumped into an acquaintance whilst does not support this hypothesis. looking to book a holiday who said that he was arranging for three people to From an analysis of offence breakdown in 2007, visit the Caribbean on holiday and that the Women and Young Peoples Group (W&YPG) she and her son were welcome to join Strategy for managing foreign national prisoners them, which she accepted. identified the “low rate of violent offences as particularly noteworthy”.12 Everything was arranged for her and she stayed for a week, travelling with Looking at the OMCS snapshot data, one would the other three guests but spending draw the same conclusion. They show that time on holiday separately. On the whereas 41% of UK nationals are serving prison return journey they were all arrested. sentences for the serious offences of violence The three individuals were found in against the person, sexual offences and robbery possession of five kilograms of cocaine only 15% of the offences committed by foreign each, however ‘H’ was not caught in nationals fall within these three categories.13 possession of any drugs. There is an equally stark contrast when one looks at rates of recidivism and substance ‘H’ was charged with being ‘knowingly misuse, which are high in the UK population and concerned’ in the importation of drugs negligible in the foreign population. and received a 15 year sentence, following a not guilty plea. During her So why are there so many foreign nationals trial she was accused of being the within this population? One of the answers to organiser of the operation as she had this is that 46% of the foreign national been in contact with the person who population falls within the drug offences’ arranged the holiday. All other category, of which the majority are sentenced defendants pleaded guilty.
10MinistryofJustice(2010)OffenderManagementCaseloadStatistics,2009(Table6.4):MinistryofJustice 11Ibid. 12WomenandYoungPeople’sGroup,MinistryofJustice(2008)A Strategy for Managing Foreign National Prisoners in the Female Estate,London: MinistryofJustice. 13TableA1.19,MinistryofJustice(2011)Offender Management Caseload Statistics 2010,London:MinistryofJustice 14Ibid. 3 NoWayOut_Layout109/01/201212:11Page4
To understand the characteristics of women in Hibiscus database we get a better picture of the prison, an analysis of the population in custody numbers of foreign national women entering the on a given day must be balanced by evidence justice system and find that the most dramatic about the total number of women entering rise is with women from Eastern European prison in a year; the single day snapshot will countries, representing 20% of all new cases. always show an over representation of people For example, 106 new cases opened in the serving lengthy sentences.15 It shows that second half of 2009 were on women from women arrested for drugs importation represent Bulgaria. This group accounted for the majority only 12% of new cases. The dominant group of those charged with theft. The other growth (41%) were charged with offences such as was in relation to those from China and Vietnam deception and fraud, in relation to their representing 12% of new cases. These women immigration status and related paperwork. The had been charged with false documents and average sentences for false documents was employment in illegal activities. eight months and for deception 12 months. The Ten countries with the highest number of foreign national other main area of growth is in relation to theft, women in prison in England & Wales, September 201116 which accounted for almost 20% of all new Nationality Women in prison cases opened, with an average length of sentence of 6 months. The other dominant Nigeria 61 charges were in relation to employment in illegal Romania 52 activities such as cannabis production and Jamaica 39 selling fake or counterfeit goods. The data also reveal women given custodial sentences for Vietnam 39 minor offences such as soliciting. What we see Irish Republic 28 therefore is that 12% of this population are Lithuania 21 serving lengthy sentences. The majority Poland 18 however are serving relatively short sentences, and as pointed out in the Prisons Inspectorate Bulgaria 17 report these foreign national prisoners are: China 16 Netherlands 16 Disproportionately represented in the 6 to 12 month sentenced population. What we are seeing therefore is a relative reduction of those arrested at point of entry on This is the very group targeted by the Corston drugs importation, that is women whose travel review and brings into question whether was integral to the offence and who generally nationality is influencing the courts’ apparent have no ties with the UK. At the same time there reluctance to use bail and alternative sentencing is a growth of those arrested on offences of options. immigration status and related deception and fraud and these can be divided into three sub There is a similar skew in nationality figures for categories. The first are of women who are the static women’s population, dominated by attempting to enter the UK without valid those sentenced for drugs importation, with the documentation or for the using use of false highest percentage from Nigeria, Jamaica and documents, a proportion of whom wish to claim South Africa. However looking at the asylum. The second group are those who have
15ThesefiguresaretakenfromallnewcasefilesopenedbyHibiscusworkersbetween2009-10 16MinistryofJustice(2011)OffenderManagementCaseloadStatisticsQuarterlyBulletin,OctobertoDecember2010(Table1.5)
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been residing here as illegal immigrants, Iranian woman in her early-twenties overstayers or failed asylum seekers. Ironically arrested for false documentation the third group are women arrested at the point of departure using false documents. Some are ‘G’ was forced to flee her home en route to countries such as Canada where country, Iran, in fear of her life. She they wish to claim asylum. However the had been attacked, arrested, detained, majority arrested on departure are trying to and subjected to torture and sexual return home and find themselves pulled back assault whilst in Iran for her political into the UK criminal justice system, and views. Her family and friends, still in sentenced to imprisonment before finally being Iran, had been pursued by the deported. Practices such as this mean that authorities and were also at risk. women who have lived in the UK for a length of Whilst in prison serious concerns were time, or entered as minors and have never raised about her mental and physical managed to legalise their residency status, are health and the impact of detention. caught in a trap. Without valid documentation they can no longer access services available to Following her court hearing she was legal citizens, nor can they leave without the sentenced to custody for three threat of arrest. months and is now awaiting the outcome of her asylum claim. In understanding the actions of these women it is important to find out why they left their country of origin and took the decision to come of their countries of origin. For example women to the UK. This is not a decision taken lightly by from Zimbabwe represent 3% of all new any woman, as it often means leaving children Hibiscus cases and almost 75% have been and the support of the family network. The charged with false document, deception or factors are complex, but for many it is the hope fraud. The same is true for women from other of a better life. For some, this is described as areas of civil unrest or the threat of persecution the need to access better education and work such as Iran, Somalia and Uganda. opportunities. For others it is the desperate need to support their family and send We can see similar geographical patterns in remittances home. Others said that they had no relation to those coming here to alleviate option to leave because of threats they faced poverty and start a better life. For example a and how they saw the UK as a positive country high percentage of those from China and to seek asylum. For all these women changes Vietnam have been brought in by smugglers to in immigration and employment legislation have alleviate family poverty. The same is true with decreased their ability to enter the UK or some of those from Eastern Europe, particularly 17 access work within the country without the A8 countries. Unfortunately a number of breaking the law. This has increased their these women get drawn into sex work and are reliance on agents who exploit their victims of resultant abuse by pimps and clients. powerlessness. Research published by the Association of Chief The factors driving these women to leave home Police Officers (ACPO) in 2010 found that are evidenced by the geographical distribution around 17,000 of the estimated 30,000 women involved in off-street prostitution in England
17A8referstothenewaccessionstatestotheEUincludingtheCzechRepublic,Estonia,Hungary,Latvia,Lithuania,Poland,Slovakiaand Slovenia 5 NoWayOut_Layout109/01/201212:11Page6
and Wales are migrants, and that necessitated accepting work in illegal activities approximately half come from Eastern Europe, or use of fake documents to survive. and a third from Asia. Asian women, primarily Consistent failures in the management of these from China, were also more likely to be victims women by the criminal justice system and of trafficking, representing 85% of all migrant UKBA, questioning our compliance with the women deemed to have been trafficked. European Convention on Trafficking, is detailed in a report on the criminalisation of migrant Damian Green, Immigration Minister at the women due to be published in February 2012.20 Home Office, has stated that combating These circumstances are completely consistent trafficking and looking after its victims is a with the United Nations definition of human priority for the government, and that “having trafficking. any number of people trafficked into the UK is unacceptable”. Presenting the report, Deputy Despite the fact that the UK government has Chief Constable Chris Eyre said: ratified the European Convention on Trafficking, with its emphasis on victim protection, there is little attention given by their legal Human trafficking for sexual exploitation representatives to identifying evidence of involves the most extreme abuse of individuals in our communities. exploitation or persecution, or women acting under duress, and the standard advice given is The United Nations’ Protocol for the Protection that there is no option but to plead guilty on the of Victims of Trafficking18 covers threats or immigration related charges. other coercion to exploit people for the purposes of fo rced labour or services. The These women are therefore sentenced, with the Protocol explicitly states: assumption of deportation, before they can disclose the necessary information to be The consent of a victim of trafficking in assessed as victims or genuine asylum persons to the intended exploitation set forth seekers. Failure to get appropriate legal advice [above] shall be irrelevant where any of the on immigration issues in the early stages of means set forth [above] have been used. court appearances thus prejudices any chance Rule 66 of the Bangkok Rules19 encourages of a positive asylum or residency outcome, as States: they are slotted into the category of “foreign criminals”. to provide maximum protection to victims of trafficking in order to avoid secondary The Equality and Human Rights Commission victimization of many foreign-national conducted an inquiry into the nature and extent women. of human trafficking in Scotland21, described by Worrying cases are also uncovered where the Baroness Kennedy as, ‘a human rights abuse woman has been smuggled into the country to of terrible consequences’. The inquiry focused escape persecution or has entered the country on trafficking for the purposes of criminal and on debt bondage or other forms of people sexual exploitation, forced labour and domestic trafficking and for whom survival has servitude. It found that human trafficking
18UnitedNations(2000)The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime:UnitedNations 19United Nations (2010) The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules) 20HalesLandGelsthorpeL.(2012forthcoming)The Criminalisation of Migrant Women.Cambridge:InstituteofCriminology,UniversityofCambridge. 21EqualitiesandHumanRightsCommission,Scotland(2011)InquiryintoHumanTr affickinginScotland,availableat www.equalityhumanrights.com/scotland/scottish-news/press-releases-2011/ehrc-launch-inquiry-into-human-trafficking-in-scotland-report-baroness- helena-kennedy-qc-investigating-commissioner/ 6 NoWayOut_Layout109/01/201212:11Page7
existed throughout Scotland and arose from the exploitation of vulnerable victims, demand Coercion by men can form a route into for cheap labour, and profit-driven organised criminal activity for women. crime. It revealed that there was little public or professional awareness of trafficking and Casework evidence demonstrates that together insufficient cooperation by agencies, leading to with coercion, misinformation and threats are an intelligence gap on traffickers. frequent factors behind the foreign women’s offences. More seriously there is evidence that The inquiry’s recommendations, aimed at those these women have been used as commodities with responsibilities to prevent and tackle by others who make large profits from their human trafficking in Scotland, included: criminal activities.
• Scotland should pioneer a strategic, victim This is most evident in those used as drug centred approach to trafficking, focussing couriers, whose payments bear no reflection to on human rights and crime prevention. This the value of the goods they carry. Many are should be in place before the targeted by the dealers because of their Commonwealth Games in 2014. vulnerabilities. This is done by identifying • Scotland needs to raise awareness of women in debt and offering an “easy, risk-free 22 trafficking issues so that individuals and way out.” agencies know what trafficking looks like, 23 where it happens, and what to do about it. Recent research by the Sentencing Council, • Agencies must share information more explored the background circumstances of systematically to improve performance on foreign national women offenders convicted of gathering intelligence, successful offences relating to bringing drugs into the prosecutions, and supporting victims. country. This study found that many of the • There is a case for a new Human Trafficking women had experienced, to varying degrees, Act, which would address the crime of chaotic, difficult and stressful lives. Financial trafficking directly, and which would enable difficulties included paying household bills, more prosecutions of traffickers. providing for their children or getting out of • Scotland needs end-to-end services for debt; some had moved into accommodation victims, with practical assistance accessible with family or friends. wherever a victim is found. It also found that:
A minority of the women reported either receiving threats from the organisers of the offence before travelling with the drugs or 4. Responsibility for offending behaviour As with UK nationals, some foreign nationals whilst they were in prison, or that family members had received threats after their are rightly convicted for illegal activity that they arrest (sometimes meaning that they had became engaged in, with full awareness of the had to move away). These threats related risks and outcome of arrest. However t he either to the return of the drugs (and a Corston review states: suspicion on the organiser’s behalf that the
22This,andfollowingquotesinthissection,arefromHibiscuscasenotes 23http://sentencingcouncil.judiciary.gov.uk/docs/Drug_mules_bulletin.pdfMarch2011
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The common theme is the advice given that woman had absconded with the drugs) or were personal threats relating to safety (tied in with the organiser’s fears that they would The worse that can happen is that you will be reported to the authorities). be sent back.
More sinister ways are by offering loans and Indeed in some cases there is no offer of then making threats against the woman or her payment and the women do not know that the children if repayment, by carrying drugs, is not parcel or case they have been asked to take consented to. carries illegal goods. The fact that the arrest targets are the ‘mules’ at the airports, rather African woman in her forties than those who will meet them once in the UK, arrested with five kilograms of means that the numbers of those arrested cocaine higher up the chain is negligible. ‘A’ had her son kidnapped and needed money to pay legal fees to gain The same is true of the women from areas of custody and provide for him. She had poverty who wish to support their families by been introduced to drugs by her working overseas and sending back former partner, smoking cannabis, remittances. The payment to agents in Vietnam cocaine and methaqualone regularly, and China for example is between £12,000 and and was still using drugs at the time of £20,000 to arrange paperwork, transport and her offence. the false promise of “access to good work in the UK.” She was introduced to a man through a friend and was told that once she It is arranged through loans or more formal had deli vered drugs to the UK and had “debt bondage”. However, all passport returned home she would receive documents are held by the agents, conditions £2,600. A suitcase containing the of transport to the U K are abusive, with a few drugs was given to her and she was people dying en route, and once inside the taken to the airport. ‘A’ was told to country additional payments have to be paid to swallow the drugs, but refused, fearing agents to access work. These new migrants for her health. have no way of repaying the debt and freeing On arrival to the UK she was caught themselves from the agents’ hold. Accessing with five kilograms of cocaine in her work in the sex trade, on cannabis production, suitcase and received a six and a half or selling fake goods may often be the only year custodial sentence following an means of survival. Payment for this work is early guilty plea. ‘A’ had not thought minimal and unfortunately, as with drugs about the risks that might be involved importation, it is the women who are used as in importing drugs as everything expendable commodities and who end up with was arranged for her and she hadn’t the two year sentences for offences such as heard of others being caught. production of cannabis.
She said that if she’d thought that she At the most severe end of the scale are those would be caught then she wouldn’t who have been trafficked in, and who are have gone through with the trip. arrested after managing to escape from forced prostitution or domestic servitude, due to their
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illegal status in this country. With all of these foreign national prison liaison officers, prisoner women there are harrowing tales of abuse and peer supporters and foreign national forums. rape. Hibiscus is aware of cases where bringing They were also to ensure that there was drugs has been the only way women have been specialist immigration advice and the provision offered freedom from enforced prostitution, or for non-English speakers. prostitution has been demanded as payment for smuggling the individual away from areas of Since this report has been published there is conflict. evidence within women’s prisons of compliance with most of this strategy and With all these women there is evidence of recognition that foreign national problems powerlessness. As one woman said: cannot be subsumed into the wider race relations and diversity strategy. However there is still no independent specialist immigration It feels like an offence just to be a foreign national. advice, nor funding for this and meeting the specific needs of this growing population increases the challenge for sites with reduced resources. The key areas of concern remain:
5. Managing foreign nationals in custody • immigration • language and culture 5.1. Identified needs • family contact The last thematic inspection on foreign national • resettlement. prisoners was carried out in 2006 and identified three primary problems of: 5.2. Immigration For many of these women the greatest 24 Family contact, immigration and language. uncertainty is about their immigration status. These concerns and the recommendations of a Over the last few years the United Kingdom report based on research in Wandsworth25 were Border Agency Criminal Casework Directorate taken on board by the Women & Young (UKBA CCD) and the prisons have been pulled People’s Group, who put together and into a much closer partnership. Prisons have published the strategy document for managing been obliged to pass on all relevant information foreign prisoners in the women’s estate. This on prisoners who cannot confirm they have UK was published in March 2008 and was nationality to the UKBA CCDs and their staff developed on the basis that: run regular surgeries in women’s prisons. The main objective of the CCD is to ensure that all foreign nationals who meet the criteria under Equality of treatment for foreign nationals current legislation are identified and removed can be achieved by addressing the specific needs and disadvantages they face in the and this happens as speedily as possible. It prison system. also provides the CCD with the opportunity to offer the Facilitated Return Scheme (FRS) and Main elements of this strategy were to ensure use this to encourage co-operation with this that each site det aining foreign national women process. The positive outcome of this is that has a foreign national strategy, foreign national there are shorter holds in prison custody, purely committee, foreign national co-ordinator,
24HMInspectorateofPrisons(2006)Foreignnationalprisoners:athematicreview:HMCIP 25PrisonReformTrust(2004)GoingtheDistance:DevelopingEffectivePolicyandPracticewithForeignNationalPrisoners,byHindpalSingh-Bhui. 9 NoWayOut_Layout109/01/201212:11Page10
on immigration warrants at end of sentence, family members and fear is a common than was the case in the past. However a experience of this group and subsequent arrest number of difficulties have arisen with this and imprisonment in the UK exacerbates this scheme. trauma.
Rule 53 of the Bangkok Rules for the Treatment Well recognised symptoms of post traumatic of Women Prisoners advocates that when the stress disorder are lack of concentration and woman is non-resident, transfers back to the memory loss, but success in immigration person’s home country should be considered interviews depends on consistency on what is as early as possible in the sentence, and based said and full disclosure of all relevant on informed consent. information at the full interview. On completion of this, any key additional information can only The system is far from perfect. Standard critical be submitted by the legal representative within paperwork advising on removal and served by five working days. The fact that the initial the prisons on behalf of the CCD is still sent in immigration screening interview and the full English, irrespective of the nationality of the immigration interview then takes place in the recipient. In addition the recipient has a limited custodial environment disempowers these 10 days to appeal, which narrows the time gap women, whose perception (probably correctly) to access appropriate advice. There is no is that they are seen first and foremost as automatic procedure by which women access offenders. The interviews often take place legal representation on their immigration status without legal representation; women are not and they sometimes wrongly assume the fully aware of their rights to have the interview representative on their criminal charge will offer tape recorded and find difficulties accessing this. Prison staff who serve the paperwork on the interview notes, especially if they are behalf of the CCD are not allowed to offer transferred to another prison or IRC in the advice on how the prisoner should respond. interim. There is also evidence of failure to give these women the option of being interviewed To date only one voluntary sector organisation, and case managed by female staff and for any the Detention Advice Service (DAS),that works interpreter to be a woman, as is their right. in the female estate has the necessary OISC26 level 2 accreditation to offer advice on Due to language difficulties and the last minute immigration issues. DAS input is focussed on serving of Immigration warrants on prisoners, giving information to new foreign national uncertainty is the common feature and as one receptions and their limited resources prevent woman stated: individual in depth casework. All other organisations such as Hibiscus have to refer I was told that I would be leaving today, but their clients on to specialist firms. The legal aid after I had packed up my cell and walked to for such cases is limited and there are often the gate I was brought back in and told there long delays before a visit to the woman in is now an immigration hold on me. custody can be made. 5.3. Language and culture For women who came into the UK with the The use of telephone interpreting systems, bi- intention of claiming asylum there are even lingual staff, peer supporters and information more challenges. Experience of rape, loss of displayed in many languages is evident in many sites.
26OfficeofImmigrationServiceCommissionauthorisation–alegalrequisiteofanyorganisationofferingimmigrationadvice 10 NoWayOut_Layout109/01/201212:11Page11
However the largest growth in population has should and should not say in a public setting. been with those from Eastern Europe, China The word shame is used by many and this and Vietnam who have least English and often results in not telling the family back home literacy, so that reliance on translated material what has happened. This also impacts on what in language of origin is not always the solution. they disclose in critical interviews with police, The reliance on other prisoners to act as immigration and the courts. interpreters is also fraught with difficulties in terms of trust and confidentiality. Even for those who have lived in the UK for a number of years and have some familiarity with Beyond problems of language, foreign national British culture, there is the new prison culture women find themselves caught up in a system to be learnt. Women talk of their shock of the of which they have very little knowledge. This is reception process where they are alongside exacerbated by the fact that, even where others who are detoxing from alcohol and drug interpreters are present in court, all use and who are prolific self harmers, and for communications from their legal those attending classes on English as a representatives are in English. This contrasts Second Language (ESL), “prison English” is starkly with the UK nationals, of whom many often a priority. are recidivist, returning to familiar territory inside. There is confusion about the respective 5.4. Maintaining family contact roles and responsibilities of immigration and Baroness Corston recognised that: criminal justice systems, legal representatives and staff within the prison, and it is worse for Women prisoners are far more likely than those who do not understand what is being men to be primary carers of young children said around them on the prison wings. and this factor makes the experience of imprisonment significantly different for A number of women also come from countries women. where they have experienced abuse by those in Foreign national women in custody are more authority and they do not know who can be likely than UK nationals to have a number of trusted. For those who have been used by dependent children. With the exception of others to bring in drugs or work in debt Chinese nationals, they come from countries bondage there is huge fear that talking to where it is the cultural norm to have a number anyone about what has happened will have of children. Where imprisonment follows on repercussions. They do not know whether it is from unexpected arrest and separation from better to trust their duty solicitor or other children, these women are often in a state of women who talk of the perils of pleading not shock, and there have been cases of women guilty. They sometimes liken their experience to separated from children they were trying to walk through a maze or as one breastfeeding. woman put it: Within prisons this difference is evidenced by It is like trying to cross a busy road in the the disproportionate numbers who are rush hour in a foreign country. I do not know pregnant at reception and take up places on whose arm to take to ensure I am not killed mother and baby units. by the cars.
Culture also has a strong influence on their Within the Hibiscus caseload over half have perceptions of themselves and what they stated that they have dependent children under
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18 and like UK nationals the majority of women Nigerian women in her early twenties are their main carers. Of the few who are trafficked into the UK married, a number are co-defendants with their husbands and the child is separated from both Following the death of her father ‘R’ was parents. trafficked into the UK on a visiting visa as payment for covering the costs of his This has three main impacts on foreign funeral. On arrival her passport was taken nationals who are mothers. The first is who will from her and she was forced into care for their children in their absence. Those prostitution. A few months later she was who act as drug couriers are often trying to find sold on to another man where she was a way out of poverty and they cmome fro subjected to physical and sexual abuse countries where the formal safety net of social and managed to escape after he services does not exist. For women who have o verdosed. acted under threat, there is the ongoing anxiety that the children will be even more vulnerable Following this she had no accommodation due to her arrest. and went to a church to ask for support. After moving into shared accommodation The second is how contact can be maintained the house was raided by Immigration with their children. The Corston report talks of officials and ‘R’ was arrested as she had the impact of the geographical location of overstayed the duration of her visa. She prisons on family contact for UK nationals. For spent seven months in a detention centre foreign nationals this is far more acute and the until she was moved into HMP Holloway isolated locations of some prisons and following disturbing behaviour. immigration centres necessitates expensive travel from any port of entry, should the family Her asylum claim and subsequent appeal contemplate visits from overseas. Within the were rejected and on release ‘R’ has been prison service there is the option, for those trying to return voluntarily back to Nigeria serving long sentences, of temporary relocation but has faced difficulties with language to a London prison for accumulated visits. barriers and arranging travel documentation. For the majority serving a short sentence and for those within the IRCs this option is absent. Along side this is the impact of deportation on The five minute free phone call per month, for the increasing numbers of those arrested in those in prison who do not get visits, is a country. These arrests are the most common meagre compensation and cost of overseas and the average period of re sidence prior to phone calls is a constant grievance raised by arrest for those on the Hibiscus caseload is foreign nationals. Others decide that the about four years, with a number residing here difficulties of travel, and being united in a visits for over 10 years. It is hardly surprising to find area with a time limit, is too traumatic for their that a number of these women therefore have children. The reality for most is often no contact partners and children in the UK. between arrest and final deportation. For women who have been living with partners in Deportation for the carer includes the legal the UK, this may be exacerbated that their requirement that she takes her children with partner’s residency status, his inability to her. There is inevitable trauma for any child who provide the required documents for a visit and is separated from his/her mother due to her fear of his arrest. 12 NoWayOut_Layout109/01/201212:11Page13
imprisonment. Their insecurity is exacerbated These women are rarely prioritised in terms of by the process of removal from the UK. This risk, and the fact that the normal contributory involves another separation from carers, friends factors to offences committed by female and school. offenders, such as substance misuse, are absent, is evidenced by the low numbers who As pointed out earlier a disproportionate need or seek the services of CARAT29 teams. number of foreign women give birth in custody. For those serving lengthy sentences for drugs Unlike UK nationals they rarely have the option importation, the limited delivery of programmes of having a family member as birthing partners such as the “Drug Importers Group” is and disclosures indicate that a number of these appropriate and well received and some women pregnancies are resultant on rape and/or talk of their goal on return to ensure that no one enforced prostitution. Timing of the birth can else is pulled into this offence. Women from all also prolong the actual time in custody on cultures are also empowered by programmes immigration hold due to the fact that women and interventions for victims of domestic, should not be flying in the last trimester of physical and sexual abuse. pregnancy, nor for a recommended period following the birth. For those who are pregnant However other interventions are limited and at time of arrest and are serving long sentences, women serving very lengthy sentences use there is also the difficult decision to be made in most of their time in work. Some prisons are relation to what is in the best interests of the attempting to help women gain qualifications child in terms of the timing of the inevitable that are of value overseas, but those with separation, and who should be appointed to children often seek the hardest and best paid care for the child until the mother is released. In employment in the prison, which is often kitchen the case where the mother is facing up to 6 work, and by spending as little as possible try to years or more in prison the child may face send savings back to their families. This is adoption if no relatives come forward to care for sometimes at the expense of missing out on the child. In all of these areas women feel very ESOL education. vulnerable and this is exacerbated by the absence of support from those of their own Resettlement input for those serving sentences culture. under 12 months, especially those who serve part on remand, is minimal with the most 5.5. Resettlement important input on pre-release programmes. As with national policy, Offender Management Resettlement staff are aware that release is guidance to working with foreign national often the most traumatic time for all prisoners women is absent and the only recommended and the focus is on making women aware of good practice identified in the 2008 publication relevant support in the community and making was in relation to the use of interpreters.27 It is appropriate pre-release links. This is in relation not insignificant that a higher percentage of to practical challenges such as accommodation, foreign national women, particularly non English work, and benefit entitlements and, if there are speakers, enter custody without a completed health/ drug problems, ensuring they have a GP OASys assessment form.28 contact. With those who have mental health problems there is also some input on through the gate work.
27MinistryofJustice/NOMS(2008)TheOffenderManagementGuidetoWorkingwithWomenOffenders,London:MinistryofJustice. 28OASysstandsforOffenderAssessmentSystem. 29‘CARAT’Counselling,Assessment,Referral,AdviceandThroughcareservices,intendedtoaddressnon-clinicaltreatmentneedsofprisoners withsubstancemisuseproblems;cf.HMPrisonService(2005)PrisonServiceOrder3630. 13 NoWayOut_Layout109/01/201212:11Page14
All of this is absent for foreign national the extent that contact details given to ‘mules’ prisoners, except for women from the EEA. is always false, as evidenced by police action There is the increasing expectancy that they after arrest. will be removed at the end of sentence and there is little value in their attending pre-release Similarly, in house raids where cannabis has groups. Currently the only relevant post release been produced the organisers are rarely on site support for those being deported is through and contact with the workers is always one Hibiscus and in the form of reintegration way, from the person who profits from the crop. support by Integrated Offender Management (IOM)30 for the women who are granted a 6.2 Appropriate punishment through loss of ‘facilitated return’.31 liberty The fact that many of those arrested are seen as expendable commodities, used by those who profit from organised crime, again raises 6. Use of Imprisonment the question of whether what they receive is It is perhaps helpful to remind ourselves of the appropriate punishment. In addition, if we reasons for imprisonment and, in the light of accept that loss of liberty is punishment, how the Corston Report and the facts outlined can we justify this continuing through above, to see whether it is acceptable that ‘immigration holds’ and the expansion of the there is still this growth in foreign national Immigration Removal Centres, where some women given custodial sentences. The four key women are being held for over 12 months? justifications are that imprisonment: Uncertainty about when an individual is to be released makes any length of imprisonment far • acts as a dete rrent to those who may worse and long term causes stress-related consider offending in the future symptoms. • is an appropriate punishment for the offence, through loss of liberty 6.3 Reducing reoffending • reduces reoffending by facilitating Unlike UK nationals, most foreign nationals are resettlement interventions first time offenders. They are so traumatised by • protects society from offenders who present the whole process they have gone through that a risk. the likelihood of reoffending is not affected by lengthy sentences. 6.1 Acting as a deterrent One of the strongest arguments used to continue the use of long sentences for drugs 6.4 Protecting society from offenders who importation is deterrence. However what we present a risk see with most couriers is punishment of the As outlined above and recognised in the victim, not the person whose profit from the Ministry of Justice Women & Young People’s offence tallies with the value of the drugs. Group manual there is a very low rate of Indeed one could argue that, due to the offences with any element of violence within severity of punishment, those who profit ensure the current foreign national population. that they are never the ones to risk arrest, to
30TheInternationalOrganisationforMigration 31TheFacilitatedReturnSchemeiscurrentlyavailablefornonEEAforeignnationalswhoareservedsentencesofover12monthsandwhodonot havecurrentasylumapplicationsorappealsagainstremoval. 14 NoWayOut_Layout109/01/201212:11Page15
decisions within criminal justice 7. Conclusion and recommendations Looking at the trends and data outlined above, proceedings with women, in one cannot help but ask the question as to compliance with CEDAW32 and the whether the current ethos of focussing on the United Nations Protocol to Protect risk that “foreign criminals” present to the UK, Victims of Trafficking. rather than an appropriate focus on rehabilitation of ex-offenders, is a contributory • Unless they pose a threat to UK factor to the growth of this prison population. security, those arrested on passport charges at point of departure en route We should also recognise that for many to their country of origin should not women who are imprisoned and then deported necessarily be charged with a criminal there is a long term detrimental impact on offence. In these circumstances many dependent children. We therefore propose: foreign national women could be returned to their country of origin 1. The development and introduction of a where matters can be dealt with. In well informed national strategy for the the light of this, the UKBA should management of foreign national women in review and amend its policies. the justice system, taking into account the • Foreign national prisoners with following recommendations: contested or uncertain immigration • All efforts should be made to ensure status should be guaranteed that nationality does not prejudice independent immigration advice and court decisions and that foreign no foreign national woman should be national women are included in any compelled to enter a plea on a objectives to divert women from criminal matter until she has had custody, both in the context of the access to proper legal support and remand and sentenced population. advice.
• The reassessment of sentencing • Decisions on the management of guidelines for drug couriers should foreign prisoners and detainees take account of the role that women should evidence commitment to the play in this offence and introduce welfare of children and ensure that the scope for mitigation and a greater human rights of dependents are not emphasis on proportionality in violated. sentencing. Those currently serving • All courts should be fully informed lengthy prison terms for drug about dependent children before importation should have their cases imprisonment, where necessary reviewed. deferring sentencing until suitable • Evidence on the degree to which the arrangements are put in place. If the woman had freedom of choice in her mother faces a custodial sentence, involvement in the offence, by where the child is under six months, ensuring evidence of coercion, then she should be assessed for a exploitation and duress is examined, place in a mother and baby unit prior should be integral to all sentencing to sentencing.
32UnitedNations(1979)The Convention on the Elimination of All Forms of Discrimination against Women –CEDAW:availableat http://untreaty.un.org/cod/avl/pdf/ha/cedaw/cedaw_e.pdf 15 NoWayOut_Layout109/01/201212:11Page16
2. In recognition of the fact that women are 3. In recognition that there is greater long used as front line risk takers for those who term value in tackling the cause rather than profit from organised crime there should be: the effect we would recommend:
• Greater focus by police and • Expansion of accessible education immigration authorities on identifying campaigns in countries of origin those behind the offences, for example advising potential drug couriers of the by reducing focus on airport arrests risks they are taking. and carrying out surveillance on those who meet the drug mules, or oversee • Investment in similar public education the management of cannabis campaigns for those who fall victim to production. agents who facilitate illegal entry from countries such as Vietnam and China • Rigorous application of guidelines on and trafficked women from countries human trafficking and smuggling such as Nigeria and from Eastern developed by the Crown Prosecution Europe. Service (CPS) and production and application of ACPO police guidelines • International co-operation and pro- • Expansion of the leave of stay for active steps to ensure compliance with victims of trafficking and proper CEDAW, the Bangkok Rules and the protection to facilitate better UN Protocol for the Protection of information gathering on those behind Victims of Trafficking. this profitable illegal industry.
The Female Prisoners Welfare Project (FPWP) is a registered charity established in 1986 to provide support for females of all ethnic origins and nationalities within the UK criminal justice system. Hibiscus is a branch of FPWP and was set up in 1991 to address the special needs of foreign national women imprisoned in the UK.
The Prison Reform Trust (PRT) is an independent UK charity working to create a just, humane and effective penal system. We do this by inquiring into the workings of the system; informing prisoners, staff and the wider public; and by influencing Parliament, government and officials towards reform.
The Barrow Cadbury Trust is an independent, charitable foundation, committed to supporting vulnerable and marginalised people in society. The Trust provides grants to grassroots voluntary and community groups working in deprived communities in the UK, with a focus on Birmingham and the Black Country. It also works with researchers, think tanks and government, often in partnership with other grant-makers, seeking to overcome the structural barriers to a more just and equal society.
Acknowledgments Cover photograph: Andrew Aitchison www.prisonimage.org The Prison Reform Trust is grateful to Hibiscus for its partnership work to produce this briefing, Dr Liz Hales for her research and the Barrow Cadbury Trust for kindly supporting the work.
Prison Reform Trust, 15 Northburgh Street, London EC1V 0JR Tel: 020 7251 5070 Fax: 020 7251 5076 www.prisonreformtrust.org.uk Registered charity no. 1035525 Compay limited by guarantee no. 2906362 16