Gauke Independent Sentencing Review calls on Government to consider availability of statutory defences to prevent the unnecessary criminalisation of victims of abuse who offend
Centre for Women’s Justice (CWJ) welcomes key recommendations on women in contact with the criminal justice system but raises concerns on early release of domestic abuse and sexual offence perpetrators.
In response to today’s (22 May 2025) publication of the Independent Sentencing Review, CWJ welcomes the Review’s careful consideration of women in contact with the criminal justice system. In particular the Review:
References the Domestic Abuse Commissioner’s recent recommendation that the Government introduces legislation to make self-defence more accessible for victims of domestic abuse and provide a defence where victims of domestic abuse are coerced into their offending. This recommendation is based on the advocacy from CWJ on the unjust criminalisation of survivors
Recognises the significant harm that is often done by imprisoning women, both for the women themselves and their children, and states that imprisonment of pregnant women should only ever be a last resort
Notes the wealth of evidence it received regarding the vulnerabilities experienced by many women in contact with the criminal justice system, and the fact that experience of domestic abuse and coercive control is directly linked to many women’s criminalisation
Recommends research is conducted into the impact of the offence of Assault on Emergency Worker which has led to the imprisonment of women exhibiting a trauma response at the scene of a domestic abuse incident
However, CWJ cautions against the review’s recommendation in respect of the early release of domestic abusers and sexual offenders (with shorter sentences) who show evidence of good behaviour in prison – such perpetrators can be very adept in manipulating a system that is not adequately resourced to manage them properly. It is essential therefore that the government takes up the review’s recommendations to increase investment in probation and improve training of criminal justice practitioners about violence against women and girls, to ensure victims of VAWG are protected.
CWJ welcomes the Review’s recommendation for the expansion of Specialist Domestic Abuse Courts which have been proven to deliver justice in a more informed way.
Finally, CWJ welcomes the proposal for a bespoke review to ensure racial disparities are addressed, and notes the importance of an intersectional approach to ensure the specific challenges faced by Black, minoritised and migrant women are addressed.
ENDS