Home Office research study 170: Understanding the sentencing of women (1997)

From FamilyLawWiki

This study explains why women's conviction rates for DV are much lower than those for men.

"A superficial examination of the criminal statistics suggests that, for virtually every type of offence, women are treated more leniently than men. "

"Women shoplifters were less likely than comparable males to receive a prison sentence. They were also more likely to be sentenced to a community penalty or to be discharged."

"Men and women stood an equal chance of going to prison for a first violent offence. However among repeat offenders women were less likely to receive a custodial sentence."

"Women first offenders were significantly less likely than equivalent men to receive a prison sentence for a drug offence, but recidivists were equally likely to go to prison."

"Among first and repeat offenders, women convicted of violence and drug offences were always more likely to be discharged and men more likely to be fined."

"Magistrates said they found it hard to compare the way they sentenced men and women because they dealt with women offenders far less frequently. However, they broadly distinguished between 'troubled' and 'troublesome' offenders, and tended to locate most women in the former category... However, even when men were stealing bacon or coffee rather than alcohol or items to sell, they rarely engaged magistrates' sympathies. "

"Because they regarded women offenders as troubled, magistrates responded to their offending with measures (a discharge or probation) designed to assist them to lead law-abiding lives rather than punishing them."

" Conclusion. This study reveals major differences in the use of noncustodial penalties for men and women. Women were consistently more likely than men to be discharged even when their circumstances appeared, on the basis of the available data, entirely comparable. "

"Overall, they suggest that while sentencers do not inevitably reject the idea of imposing prison sentences on women, women do not stand an equal chance of custody in all circumstances."