Introducing a gender-sensitive approach to pre-trial assessment and probation
| Published date | 01 June 2018 |
| Date | 01 June 2018 |
| Author | Omar Phoenix Khan |
| DOI | 10.1177/0264550518771167 |
| Subject Matter | Articles |
Article
Introducing a gender-
sensitive approach to
pre-trial assessment
and probation:
Evaluation of an
innovation in Kenya
Omar Phoenix Khan
University of Westminster, London, UK
Abstract
This paper evaluates a pioneering project to introduce a gender-sensitive approach to
working with women completing probation and community service orders in Kenya.
The intervention consisted of context-specific research with women throughout Kenya,
leading to adaptations to existing probation tools, followed by pilot implementation of
a gender-sensitive approach. The evaluation explores the relevance, effectiveness and
sustainability of the intervention and presents opinions of implementing probation
officers and sector experts. Findings suggest that the project genuinely broke new
ground in terms of research on gender-sensitivity and quality of pre-trial reporting for
women. Close adherence to the UN Bangkok Rules means the model and lessons are
applicable both domestically and globally.
Keywords
gender-sensitive, probation, community service, pre-trial, pre-sentence report,
non-custodial sentences, evaluation, kenya, bangkok rules
Corresponding Author:
Omar Phoenix Khan, University of Westminster, 309 Regent Street, London W1B 2HW, UK.
Email: omar@justicefocus.org
The Journal of Community and Criminal Justice
Probation Journal
2018, Vol. 65(2) 184–200
ªThe Author(s) 2018
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DOI: 10.1177/0264550518771167
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Background
The United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the ‘Bangkok Rules’) were adopted in 2010 (UN
General Assembly, 2010). Until this point, there had been a clear absence of
standards providing for the specific characteristics and needs of women offenders
and prisoners. The Bangkok Rules were adopted in recognition that criminal justice
systems and the codes that govern them were designed with male offenders in mind
and that the typical characteristics, roles and backgrounds of women offenders
need to be taken into consideration. This need for consideration is made all the
more stark with the exponential rate at which the female prison population is
increasing worldwide. The female imprisonment rate has increased on every con-
tinent and has been increasing at a higher rate than both the male imprisonment
rate and national population levels. Between 2000 and 2016, the global popula-
tion increased by approximately 21 per cent, while the female prison population
(including both women and girls) increased by 53 per cent, with the total number
now exceeding 714,000 (Walmsley, 2017).
Research on the background of female offenders, such as that carried out by
Bloom, Owen and Covington (2003), has highlighted typical characteristics:
a female offender is more likely to have been the primary caretaker of young children
at the time of arrest, more likely to have experienced physical and/or sexual abuse,
and more likely to have distinctive physical and mental health needs. Additionally,
women are far less likely to be convicted of violent offenses, and they pose less danger
to the community. (Bloom et al., 2003: 1)
The clear majority of the efforts to operationalise this knowledge and the
Bangkok Rules guidance has focused on the experience of women in custody,
leading to an absence of focus on non-custodial sanctions and measures. Further
development is therefore required of a gender-sensitive design for non-custodial
sanctions and measures that consider the background of women, as well as their
current circumstances, such as pregnancy, being a mother or having other car-
etaking responsibilities, their employment status, their place of residency and
whether they have any support from family. The Bangkok Rules call for
‘gender-sensitive non-custodial measures’ (in particular Rules 57, 58, 60, 62),
recognising the history of victimisation of women offenders and their caretaking
responsibilities, including the harmful impact of prison on children. However,
little research and good practice is available on how to capture gender-specific
information or to guide gender-specific design and implementation of non-
custodial measures.
Kenyan context
An agenda to improve women’s access and participation in society is well
established in Kenya, and quotas exist in various forms, including a constitu-
tional obligation to ensure at least a one-third parliament representation for
Khan 185
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