There has been a growing recognition of the devastating impact that custodial sentences disproportionately have on women and their children. Yet there is there is a striking gap in the research literature and policy discourse on the distinct challenges women face earlier in their criminal justice journey – particularly in the court system.

Judicial guidance in England and Wales acknowledges that the interests of justice are unlikely to be served by either party being late or distracted because of worries over childcare, and calls for caring responsibilities to be “accommodated as far as reasonably possible”. If this standard is not met in our courts, it is likely to have a disproportionate impact on women, who are the primary carer of 90% of UK families.

Through qualitative interviews with 12 women, this research seeks to examine the extent to which the caring responsibilities of women are accommodated “as far as reasonably possible”, and the impact this has on their ability to attend and engage with the court process, as either a defendant or a witness. While small-scale, this project is an important start to the conversation about the shape of reform needed for the women, and their children, who come through our courts.