When these principles are held in tension—and in balance—societies move closer to real equality.
This theme complements the “Justice for All” conversations at the Old Bailey which, this week, are considering the rights of the accused. Justice needs to be looked at through a gender lens. Courtrooms are where values translate into outcomes. They’re also where gendered realities—violence, bias, power dynamics, and structural disadvantage—show up most starkly. If we’re serious about justice for girls and women, we must scrutinize both victims’ rights and the rights of the accused through a gender responsive lens.
Why a gender lens matters in justice
Justice should be neutral; harm is not. Gender-based violence, coercive control, sexual exploitation, and online abuse disproportionately affect girls and women. Girls’ pathways to the justice system can also be different—often through care settings, exploitation, or family violence—requiring trauma informed, age-appropriate responses. At the same time, implicit bias and stereotypes can skew credibility assessments, case handling, and even sentencing.
In England and Wales, women are a small minority at every stage of the formal system—16% of arrests in 2023/24, 22% of those dealt with by the courts in 2023, and just 4% of the prison population as at 30 June 2024—yet their needs are often more complex and acute (including markedly higher rates of self-harm in custody). [gov.uk]
A gender lens doesn’t privilege one party over another. It corrects for real world inequities so that due process, dignity, and safety are achievable for all. That must be borne in mind when looking at justice—or we will not get justice.
Proof that gender responsive justice strengthens fairness
Local practice shows the dual benefits of protection and due process when justice is tailored to women’s realities. In Greater Manchester’s Women’s Problem-Solving Court model, 81% of women sentenced to custody were assessed as not presenting a risk of harm to the public, and half received sentences under six months—sentences that are highly disruptive yet often ineffective without addressing root causes such as mental health, domestic abuse, and substance misuse. [cep-probation.org]
Results matter: Greater Manchester’s proven reoffending rate for adult women (March 2021) was 15%, compared with 21.3% across England and Wales. Over 500 women have completed the PSC pathway since 2017, with 58.9% successful completions in Q2 23/24. A cost–benefit analysis indicates £17.60 of social value created for every £1 invested—a public interest return that supports safer communities and more reliable justice outcomes. [cep-probation.org], [cep-probation.org]
Fair process protects everyone—including girls and women—by making convictions more reliable, preventing wrongful outcomes, and enhancing the legitimacy of the system. Gender responsive justice isn’t “soft” on the accused; it’s strong on fairness.
Bringing the threads together: “Justice for All” at the Old Bailey
The Old Bailey symbolizes the rule of law. The Justice for All series—which DWF is proud to support—invites us to test hard questions in the very space where they matter most:
- How do we increase reporting and conviction rates in serious sexual offences without diluting due process?
- How do we ensure child witnesses are believed and protected while securing robust, challengeable evidence?
- What training, technology, and procedural reforms reduce bias—toward victims and defendants alike?
- How should courts navigate the explosion of digital evidence (phones, social media, encrypted apps) while respecting privacy and equality of arms?
A credible programme would convene survivors, youth advocates, defence and prosecution counsel, police, judges, technologists, and policy makers. The aim: shared standards that improve outcomes for victims and strengthen procedural integrity—not a zero-sum debate.
Why now? Because the system data and local practice point the same way: targeted, trauma informed approaches reduce reoffending and improve confidence in justice, while respecting the rights of the accused and the presumption of innocence. [cep-probation.org], [gov.uk]
A vision worth holding
Justice for girls isn’t achieved when one side “wins.” It is achieved when every survivor can come forward safely, when every accused person receives a fair trial, and when communities trust that the system takes gendered harm seriously while guarding fundamental rights.
International Women’s Day is not just a date—it’s a deadline. The next case, the next witness, the next young person looking for safety or for fairness will arrive tomorrow. We need to consider them through the equality lens.
Sources:
- Fiona Deacon, Greater Manchester’s Problem-Solving Court for Women (CEP webinar presentation, Jan 2024). Key datapoints: 81% custody/no public harm risk, 50% <6 month sentences; GM vs E&W women’s reoffending; completions and social value. [cep-probation.org], [cep-probation.org]
- Ministry of Justice (England & Wales), Statistics on Women and the Criminal Justice System 2023 (published 30 Jan 2025). Key datapoints: 16% of arrests; 22% of individuals dealt with by CJS; 4% of prison population; custody self-harm context. [gov.uk]
