The Serious Crime team instructed Leslie Bates at 23 Essex Street to represent a young vulnerable female charged with Perverting the Course of Justice, in the course of a Murder trial.
Importance of Assessing Mental Health and Suggestibility
The client had experienced significant and traumatic emotional, physical and sexual abuse as a young child. The entrenched mental health issues were apparent. The client had a young son, her support network was fractured, and her employment prospects were diminished from the point of charge. It was evident the client was under pressure from the co-defendant and other family members, resulting in being dragged into the criminal justice system, she would never have experienced.
It's imperative when defending vulnerable clients to ensure at the outset, that the client’s mental functioning, suggestibility and compliance are established, via examination of their medical history and expert instruction. Comprehensive reports assist in making key trial preparation decisions and securing the best outcome. Perverting the Course of Justice is a serious offence which results in ‘deterrent’ sentences.
Sentencing Guidelines for Female Offenders
The Sentencing Council acknowledged that factors only applicable to mitigating on behalf of Female Offenders must be formalised into guidelines. In 2024, the Sentencing Council imposed further guidelines for Sentencing pregnant women and new mothers.
Impact of Deterrent Sentences on Vulnerable Women
Lesley Bates (23 Essex Street) highlights the impact of deterrent sentences on female offenders and reflects upon whether the ‘benefit’ of passing a deterrent sentence outweighs the devastation a custodial sentence causes to the life of a vulnerable woman:
"Deterrent sentencing risks overlooking the impact of custodial sentences on female offenders, compared to a male counterpart. The impact arises in several ways: Female offenders are more likely to have been victims of domestic abuse or to have experienced emotional, physical or sexual abuse as a child, and more likely than male prisoners to suffer from anxiety and depression in custody."
"Female offenders from ethnic minority backgrounds have particular needs which are different from both men and white women. Female offenders are more likely to be primary carers. Children of female offenders are very often unable to remain in their own homes. They will have to deal with the emotional impact of adjusting to a new home and a new school, very often being separated from their siblings. There is an increased likelihood of those children developing mental health and substance misuse issues, and committing criminal offences as a result. The impact of a custodial sentence on a pregnant offender can be harmful to both the offender and the child. Complex health needs which often arise in pregnancy can increase the risks associated with pregnancy and accessing maternity and medical services is very often difficult. The risks are to both the mother and the baby. An often overlooked but highly relevant factor is that there are only a small number of female prisons and so female offenders will often serve their sentence some distance from their family and friends."
"This important support network may become absent, not only during imprisonment but, significantly, upon their release. A greater number of female offenders are unemployed when released compared to male offenders and so the risks associated with leaving prison without a support network, without accommodation and employment increases their vulnerability to further abuse and exploitation"
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