WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
November 01 2024
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
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UK public supports community sentences for pregnant women and new mothers

UK public supports community sentences for pregnant women and new mothers

New poll figures obtained by the Observer suggest the British public supports calls for reforms into the sentencing of pregnant women and mothers.

Supported by campaign group Level Up and charity One Small thing, the poll found that 53% of the respondents agree that a mother should not be sent to prison with her infant if a community based alternative was available, with only 28% in disagreement.

Currently in England and Wales there is no requirement for judges to factor either pregnancy or maternity during sentencing (see below for correction).

Janey Starling, co-director of Level Up says ‘it should be encouraging to courts to know that the public do not want to see mothers and babies in prison where community alternatives are available’. Esther Sample, head of policy, research and influencing at One Small Thing, explained how imprisonment of mothers lead to ‘lives torn apart across generations.’

This follows a public consultation by the Sentencing council regarding whether pregnancy should be regarded as a mitigating factor in sentencing and affirmed that the courts should not order custodial sentences unless unavoidable.

Official statistics demonstrate the dangers of pregnant women being in custody as stillbirth is seven times more likely in prison.  

As reported by the Justice Gap, this follows public outcry after the tragic death of newborn baby Aisha Cleary in HMP Bronzefield in Surrey after her 18 year old mother, Rianna Cleary, gave birth alone in her cell. In 2020, another high profile case hit the headlines after Louise Powell gave birth in a toilet to her baby, Brooke, who died after her emergency alarm was ignored by staff.

Dr Shona Minson, an expert on maternal sentencing, quoted in the Guardian described how ‘a short sentence of imprisonment can mean a woman loses her home, job and children; her baby and herself are put at risk as prison is not a safe place for mother or baby due to the limited healthcare available’. She added that ‘these risks make custodial sentences a disproportionate punishment for pregnant women’.

Earlier this year, campaigners welcomed the decision to  quash the prison sentence of a heavily pregnant woman with severe health complications in favour of a two year suspended sentence with a rehabilitation requirement. Starling commented that ‘the prison ombudsman, Ministry of Justice and NHS have declared all pregnancies in prison as high risk. This means that when a judge sentences a pregnant woman to prison, they are sentencing her to a high-risk pregnancy. That is unconscionable’.

A Ministry of Justice spokesperson, quoted in the Guardian, said improvements included ‘employing specialist mother and baby liaison officers in every women’s prison, conducting additional welfare checks and stepping up screening and social services support.’


Correction: The Sentencing Council says: ‘There is no statutory duty (set out in legislation) for judges to consider pregnancy or maternity in sentencing decisions. There is, however, an obligation for courts to consider pregnancy in sentencing decisions as set out in sentencing guidelines.  

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