Solving Her Problems? Beyond the Seductive Appeal of Specialist Problem-Solving Courts for Women Offenders in England and Wales

Abstract

At the nexus of the social and penal policy fields, problem-solving justice promises to punish offenders while working to address the complex issues that drive their law-breaking behaviour. Appealing to the left and right due to its dual focus on pragmatism and welfarism, the concept has floated in and out of political fashion for the past two decades. Recent years have heralded a renewed political interest in the approach, closely aligned to the Conservative government’s commitment to ‘transforming justice’. With a focus on empowerment and collaboration, the problem-solving model has much to offer women offenders in particular. Drawing on data from a large-scale study into the sentencing and punishment of women under the new probation arrangements, this article reveals a divergence of views on gender-specific courts among sentencers, probation officers and third sector workers. Moral concerns about up-tariffing sit alongside the practical barriers of government bureaucracy and hindering legislation. With data pertaining to effectiveness (rather than potential) still required, this article argues that specialist problem-solving courts for women present a risky strategy, however seductive their promise.

Gendering the carceral web: Public sector reform, technology and digital (in)justice

“…The reality is that e-government makes no space for gender, it is a rationally designed interface that is purposefully gender-blind. This is problematic given all that we know about the need for gender-responsive justice and the developments that have been made in the lower courts in recent years (Minson, 2015;Player, 2012;Birkett, 2016Birkett, , 2021. It also risks running counter to the legal and policy developments promised by government a full decade ago (see Equality Act, 2010; Ministry of Justice, 2007).…”