This new contribution to the PhG guest blog is from Magdalena Tomaszewska. Magdalena is a second-year PhD candidate at the University of Surrey. Her PhD explores the treatment and experiences of female Eastern European prisoners in England and Wales (particularly those from the A8 and A2 accession countries to the EU). Working across 3 prisons in England and a third sector organisation providing support for female foreign national prisoners, she examines the lived realities of incarceration for these women, taking into account their socio-cultural backgrounds, relationships with staff and other prisoners, and the effects of the penal policy shifts which have prioritised removal of ‘foreigners’.
This project builds on her Masters research which explored the experiences of female foreign national prisoners in one prison in the South East of England and has been awarded Howard League’s John Sunley prize. Magdalena’s broad research interests lie in the area exploring linkages between identity, imprisonment and immigration control, especially in the context of women’s imprisonment. Alongside her doctoral studies, she is working with the University College London and a user-led charity User Voice co-coordinating a large-scale trial testing the merits of mentalisation based treatment (MBT) for offenders diagnosed with antisocial personality disorder (ASPD).
How can we make sense of the experiences of a growing number of Eastern European women in English prisons?
Anna, originally from the Czech Republic, came to the UK at the age of 10 and has lived here ever since. After committing a drug-related offence, she was sentenced to just over 3 years imprisonment. In addition to her custodial term she was also informed that she was going to be deported from the UK on the completion of her sentence, since, as it was explained to her, as a ‘foreign criminal’ she had ‘no right to remain in the UK’. She was released from HMP Peterborough earlier this year having successfully appealed her case.
Anna is one of a growing number of Eastern European women currently held in prisons throughout England and Wales. Since 2004, when 11 countries of the former Eastern Bloc joined the European Union, the number of female prisoners originating from these countries has risen dramatically (even though the overall proportion of foreign nationals in the female estate has remained at a 11%) (MoJ, 2016). Today, within a population which counts nearly 80 countries, every third inmate comes from Eastern Europe, with Poland and Romania as the top two. Overall however, these women have remained invisible, apart from a handful of third sector accounts which emphasize their vulnerability to exploitation through trafficking (e.g. Prison Reform Trust, 2012), or press reports which lump them together with men, portraying them under the label of ‘dangerous Eastern European criminals’, and with it fuelling the demands for more streamlined deportations.
Both of these perspectives are problematic. For one, given the difficulty in identifying victims of trafficking via the National Referral Mechanism it is tricky to assess how big a problem trafficking is amongst the incarcerated East European women (Gelsthorpe and Hales, 2012). It would be difficult to deduce that from the nature of offences which predominantly land them in prison, which PRT (2012) reports as theft and handling or drugs offences. At the same time, violent offences among this population are lower than for their British counterparts. Majority serve their first and only prison sentences, with a ‘very low’ risk of reoffending. In this sense, there is also little to support the argument that these women are especially dangerous.
These discussions however divert attention away from the changes that have already taken root in the female prison system. When Anna arrived at HMP Bronzefield in 2013, it had been 5 years since the UK Borders Act 2007 came into power, requiring all EEA nationals sentenced to more than 2 years imprisonment to be – in line with section 32 (5) of the Act – mandatorily deported from the UK. This, as Kaufman (2012) has shown, was further accompanied by broader logistical arrangements between the Prison Service and the Home Office under the ‘hubs and spokes’ agreement, whereby non-citizens (especially those under deportation orders) are to be concentrated in specific foreign national ‘hub’ prisons which are furnished with full time immigration staff who are to facilitate a more efficient deportation process.
In 2013, on the recommendation of the NOMS Women’s Custodial Estate Review (2013), this system was adopted in the female estate. As the report advised, a female foreign national hub was to be created at HMP Peterborough, ‘taking into account best practice from the male hub and spoke system’ (p.6). Much like in the male estate then, the female prison system took it upon itself to systematically identify and segregate women who ‘do not belong in the UK’.
In my research I explore the experiences of currently the largest regional group within the female foreign prison population – Eastern European women – who ‘do time’ under these conditions. Taking inspiration from the scholarship which looks to questions about identity at the intersection of gender, race, and class to cast light on the prison as a space ‘permeated’ by broader social inequalities (e.g. Phillips and Earle, 2011; Bosworth and Kaufman, 2012), I am interviewing currently and formerly incarcerated Eastern European women as well as a range of practitioners working with them (prison officers, legal case workers), documenting accounts like that of Anna, who shortly before being transferred to HMP Peterborough was told by one prisoner that this was a place where “all you Russian prostitutes go to”, and where she could, according to one prison officer, “find the support of those with the same “culture”. Politics of identity, as Kaufman (2012, p. 18) observes, ‘are central to the practice of punishment’.
Stories such as Anna’s can offer new insights into this work, especially when it comes to documenting the relationship between imprisonment and nationality. Authors such as Emma Kaufman and Mary Bosworth have led this effort, developing illuminating accounts on how the practice of deportation and treatment of many non-citizens caught up in it (especially those originating from former British colonies) implicates the British prison in the exercise of ‘collective [postcolonial] amnesia’. The positioning of East European prisoners like Anna clearly doesn’t fit this frame. Instead, it seems to speak to anxieties about more recent, ‘suspect white’ migrants from poorer parts of Europe, who, although conform to racialized understandings of what it means to be European, are subject to gendered, classed and racialized framing as ‘other’, based on language and cultural difference (Bhui, 2016).
Thinking more broadly about the emerging themes, many important changes are currently taking place in the arena of British immigration policy. As the fieldwork for this project gathers pace, the British government is set to start the process of taking the UK out of the European Union. Although it seems that for now, the topic of foreign national prisoners as well as the specifics of immigration policy where it crosses paths with the prison system remain lower down the list of negotiation priorities for Theresa May, it is yet to be seen what effect Brexit will have on the carceral lives of the growing ranks of female prisoners from Eastern Europe (as well as those from wider EU) held in British penitentiary institutions. For Anna, one thing was clear: “Learn to live with uncertainty”.
Bhui, H. (2016), ‘Place of Race in understanding immigration control and the detention of foreign nationals’, Criminology and Criminal Justice, 16 (3), pp. 267 – 285.
Bosworth, M. and Kaufman, E. (2012), ‘Gender and Punishment’, in Simon, J. and Sparks, R. (eds.) Handbook of Punishment and Society, London: Sage.
Gelsthorpe, L. and Hales, L. (2012), ‘Criminalisation of Migrant Women’, Institute of Criminology, University of Cambridge, UK, available at: http://www.crim.cam.ac.uk/people/academic_research/loraine_gelsthorpe/criminalreport29july12.pdf.
Kaufman, E. (2012), ‘Finding Foreigners: Race and the Politics of Memory in British Prisons’, Population, Space and Place, 18 (6), pp. 701 – 714.
Ministry of Justice (2016), Offender Management Caseload Statistics 2016, London Ministry of Justice.
National Offender Management Service (2013), Women’s Custodial Estate Review, available at: http://socialwelfare.bl.uk/subject-areas/services-client-groups/adult-offenders/nationaloffendermanagementservice/155762womens-custodial-estate-review.pdf.
Phillips, C. and Earle, R. (2011), ‘Cultural diversity, ethnicity and race relations in prison’ in Crewe, B. and Bennett, J. (eds.) The Prisoner, London: Routledge.
Prison Reform Trust (2012), ‘No way out: A briefing paper on foreign national women in prison in England and Wales’, (online), available at: http://www.prisonreformtrust.org.uk/portals/0/documents/nowayout.pdf.
 The 2004 A8 accession countries include: Estonia, Lithuania, Latvia, Hungary, Poland, the Czech Republic, Slovakia, Slovenia. The 2007 A2 accession countries include: Bulgaria and Romania. In 2013 Croatia also joined the EU.
 See for example: http://www.dailymail.co.uk/news/article-3622924/EU-killers-rapists-ve-failed-deport-UK-s-inability-expel-thousands-foreign-criminals-undermines-case-EU-say-MPs.html, https://www.thesun.co.uk/news/2291020/more-than-130-polish-criminals-jailed-in-the-uk-should-have-been-deported-in-past-four-years-bungling-officials-admit/, http://www.independent.co.uk/news/uk/home-news/eu-referendum-more-than-13000-foreign-criminals-awaiting-deportation-from-uk-a7063026.html.
 This rule also applies to all non-EEA nationals sentenced to more than 1 year in prison.