“One man’s terrorist is another woman’s baby”

: exploring the role of agency in sentencing outcomes for female terrorism offenders in England and Wales

Abstract

Criminological literature has long highlighted differences in sentencing between male and female defendants, noting that women are often sentenced less harshly, less frequently, and for less severe crimes. Recent research reveals similar patterns in terrorism-related offences: female defendants tend to receive lighter sentences, face prosecution less often, and are charged with less serious offenses. The reasons for these differences remain unclear, though some scholars suggest that perceptions of women possessing reduced agency in terrorism may contribute to these outcomes. Drawing upon multiple disciplines, conceptual frameworks, and methodologies, this thesis proposes that agency- even though this concept is not clearly recognised in legal terminology- may be a valuable analytical tool for understanding courtroom dynamics.

Through the analysis of 28 court documents involving 50 defendants, in-person observation of four terrorism trials, and conducting 18 interviews with academics and individuals with experience in counter-terrorism legal processes, this thesis explores the factors underlying sentencing disparities.

Interviewees with different backgrounds expressed differing views on the influence of stereotypical perceptions of agency in judicial decision-making. As such, findings from this thesis indicate that agency-based considerations play a role in the courtroom environment, but their impact on sentencing outcomes seems limited. Alternatively, agency-based narratives may play a more significant role in informing jurors’ perceptions of guilt. Therefore, a distinction must be made between narratives which shape conviction and impact sentencing.

While agency may play a role in sentencing differences, other factors- such as motherhood, the number of offences committed, perceptions of risk, or being convicted of ‘dangerous offences’- offer potential alternative explanations for sentencing discrepancies observed. Sentencing is a complex process, and so too are the factors that account for differences in sentencing outcomes.

Date of Award	30 Jun 2026
Original language	English
Awarding Institution	University of St Andrews
Supervisor	Sarah Marsden (Supervisor)