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Women’s Problem-Solving Courts
Prisoner looking out her cell window
Clinks explores the development and evaluation of women’s problem-solving courts in the UK and internationally.

Justice changes her face

Clinks’ new (30 January 2025) report, written by Drs Ruth Armstrong & Shona Minson, ‘Justice Changes Her Face’: What Women’s Problem-Solving Courts can teach us about taking a Community Based Whole Systems Approach to Improving Criminal Justice Outcomes explores the development and evaluation of women’s problem-solving courts (WPSC) in the UK and internationally.

Approaches Taken by Problem-Solving Courts

At their best, the authors say that women’s problem-solving courts address the interconnected challenges of offending through innovative practices designed to provide solutions to the systemic, social, and individual issues outlined earlier. Research has highlighted several aspects of problem-solving courts that contribute to their effectiveness. These approaches not only tackle the root causes of offending but also foster personal growth and systemic reform.

The report identifies a number of key approaches undertaken by many WPSC:

  • Addressing systemic and structural drivers of offending
  • Reducing the use of prison
  • Creating integrated systems of support
  • recognising and supporting complexity
  • Fostering relational and restorative justice
  • Offering meaningful alternatives to punishments

The authors acknowledge that the specific practices of WPSC’s differ between jurisdictions, several key features define these courts:

  • Judicial Continuity: Women interact with the same judge or magistrate throughout their sentence, where possible, fostering trust and accountability.
  • Collaborative, Non-Adversarial Processes: Regular review hearings are structured as
    conversations, where women’s voices are central. Judges ask questions like, “What do you think is best for you?” and “Is there anything this court can help you with?”
  • They don’t automatically exclude those who are high risk of have committed serious offences: By targeting high-risk individuals, problem-solving courts maximise their impact and provide a compelling alternative to punitive justice, demonstrating that even those with significant histories of offending can achieve positive outcomes with the right support.
  • They avoid ‘net widening’: This focus on high-risk individuals also helps problem-solving courts avoid the issue of “net widening,” where people with less serious offences are unnecessarily drawn into more intensive interventions.
  • It’s not just about a reduction in reoffending: In Aberdeen and Glasgow, the deferred sentencing model has shown positive outcomes for women who were at risk of custody due to serious offences. Even for those who did not fully comply with all court requirements, the process itself provided opportunities for stabilisation and meaningful progress.
  • Prioritise access to Holistic Support Services: Women’s centres and community organisations provide trauma-informed support for issues such as addiction, mental health, housing, and parenting.
  • Flexibility and Recognition of Progress: Courts allow for incremental improvement rather than expecting immediate compliance.

What makes WPSC effective?

The authors summarise the evidence from evaluations of UK and international WPSC and conclude that their success lies in their relational and restorative ethos. Features such as judicial continuity, structured reviews, and collaboration with women’s centres allow for a more tailored approach to justice. They note that evaluations also reveal challenges, such as resource limitations and risks of “net widening,” where women with lower-level offences are drawn unnecessarily into the justice system.

Conclusion

The authors conclude by quoting María Jimena Monsalve, an Argentinian Judge and penal reformer:

“Justice changes her face in problem-solving courts, becoming a force for dignity, empowerment, and societal healing. By embedding these principles into justice reform, we can create systems that reduce harm and foster meaningful change for all.”

Thanks to Andy Aitchison for kind permission to use the header image in this post. You can see Andy’s work here

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