What has just happened?
Due to the pandemic, female prisoners are limited to spending their time confined to their cells. The number of self-harm incidents in the women’s prison estate in England and Wales increased by 8% to 12,443 in the year to September, differentiated with the last 12 months, while on a trimestral basis the number of incidents rose by 24%. [1] According to the HM Inspectorate of Prisons, female prisoners are statistically provisioned differently compared to male prisoners due to Gender Inequality even though there were 10 self-harm incidents in female prisoners compared to 4.2 in male prisoners on average.[2] [3]
What does this mean?
The reason why this is happening is that the domestic abuse rate has gone higher during quarantine and women that have performed self-protection to defend themselves have been sent to prison on a classification of non-violent offenses. These women stay in prison for a transitory period of weeks or months which means that they are at a disadvantage of not receiving adequate mental health assessments or care. It is also important to know that many of these women are also mothers of underage and dependent children that are quite conceivably either stuck with their abuser or in an unstable home. [4]
The most prevalent cause of suicides is mental health issues and to prove that, a screening is done on the psychological health of female prisoners in Victoria, results show a prevalence of PTSD, Drug abuse, and Depression.[5] Evidence shows that female prisoners have a higher rate of self-harm especially during the pandemic due to the rising levels of mental illness and unfortunately, the one thing that keeps female prisoners and any prisoner happier, visits have been suspended in England and Wales due to national lockdown 1.
What does this mean for the legal sector?
To help decrease suicide rates, the legal sector must report gender-specific suicide and self-harm figures to the Parliament which should be monitored by the woman's Estate policy unit and the Department of Health. All prison staff must have suicide prevention training to develop interpersonal skills to identify any risk factors. The new self-harm form named F21 3SH must be present in all prisons due to its positive feedback. There should be an extended liaison and communication among family members of prisoners who are concerned about the Mental Health of a prisoner.
Finally, the prison service must take note of the opinions of women prisoners who are struggling mentally or self-harming when they suggest coping strategies for improvement. In cases of unfortunate suicide, there must be a thorough investigation on the cause of death and any factors that played a role. With the execution of the Human Rights Act 2000, the Prison Service, alongside additional interventions such as the police, has confronted a cumulative amount of calls for self-governing investigations into deaths in custody in agreement with Article 2 of the European Convention of Human Rights. [5]
In order for legal aid regarding any mental health issues or clinical negligence, Free legal aid, is available foremost prisoners at firms like the Swain & co solicitors. [6] Rule 12.1 of the European Prison Rules states evidently that individuals suffering from mental illness and have mental issues that are discordant with detention in a prison should be detained to an establishment specially designed for that purpose.
The rules recognise, however, that such people are detained in prisons, and encourages the authorities to put special regulations in place to take account of their status and requirements (Rule 12.2). To condense the self-harm rates in England and Wales among female prisoners, visits should carry on with a booking basis so that there is an abridged contact of visitors amongst each other. An increased amount of mental health support will benefit an improved quality of life in prison histrionically. [7]
Written by Harshitha Bandarupalli
Assessing firms:
#White&Case #Dentons #DLAPiper #DWF #AkinGump #MayerBrown
References
[1] Maya Oppenheim, “Self-Harm among Women Prisoners Hits Record High” (The IndependentJanuary 28, 2021) <https://www.independent.co.uk/news/uk/home-news/women-prisoners-self-harm-b1794300.html> accessed April 4, 2021.
[2]Jamie Grierson, “Self-Harm among Female Prisoners in England and Wales at Record High” (the GuardianJanuary 28, 2021) <https://www.theguardian.com/society/2021/jan/28/self-harm-among-female-prisoners-in-england-and-wales-at-record-high>.
[3] HM Inspectorate of Prisons, “EXPECTATIONS Her Majesty’s Inspectorate of Prisons Criteria for Assessing the Treatment of and Conditions for Women in Prison” ( 2014) <https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2014/02/final-womens-expectation_web-09-14-2.pdfhttps://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2014/02/final-womens-expectation_web-09-14-2.pdf>.
[4] Maya Oppenheim, “Self-Harm among Women Prisoners Hits Record High” (The IndependentJanuary 28, 2021) <https://www.independent.co.uk/news/uk/home-news/women-prisoners-self-harm-b1794300.html> accessed April 4, 2021.
[5] Mary Rogan, “Human Rights Approaches to Suicide in Prison: Implications for Policy, Practice and Research” (2018) 6 Health & Justice.
[6] Swain&Co, “Prison Law Experts | Swain & Co Solicitors & Lawyers” (www.swainandco.com) <https://www.swainandco.com/services/prison-law/>
[7] Christine S Tye and Paul E Mullen, “Mental Disorders in Female Prisoners” (2006) 40 Australian & New Zealand Journal of Psychiatry 266
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.