The Sentencing Council has recently announced new court rules in England and Wales that will consider “pregnancy, childbirth and post-natal care” as a mitigating factor when determining sentencing for pregnant women and new mothers who have been convicted of most types of crimes. This means that judges will now be able to take into account the impact of a sentence on women who are expecting a child or have given birth within the previous 12 months.
Replacing Existing References in Sentencing Guidelines
The new rule will replace the current reference in guidelines that focus on pregnancy when an offender is the “sole or primary carer for dependent relative(s)”. This change urges courts to consider the health of a pregnant defendant and the unborn child during sentencing. Mitigating factors, such as showing remorse or being of a young age, can decrease the severity of a sentence and are included in all offence-specific sentencing guidelines.
According to the Sentencing Council, relevant considerations when sentencing a pregnant or postnatal defendant may include their medical and mental health needs, the effect of the sentence on their physical and mental health, and the impact on the child. The council highlighted the harmful effects of custody on pregnant and postnatal offenders, including separation from their child. Access to a place in a prison Mother and Baby Unit is not automatic, and there may be difficulties in accessing medical assistance or specialist maternity services.
The decision to introduce pregnancy, childbirth, and post-natal care as a mitigating factor in sentencing comes after several reports have raised concerns about the care of pregnant women and their children in prison. Research has shown that women in prison are significantly more likely to experience stillbirths and premature births compared to the general population. These risks not only affect the mothers but also put their babies at risk, highlighting the need for special consideration in sentencing policies.
Janey Starling, co-director of Level Up, an organization campaigning for an end to the imprisonment of pregnant women, welcomed the new court rule. She emphasized that this change will finally compel courts to acknowledge the devastating impact that imprisonment can have on pregnant women, babies, and mothers. Starling pointed out that many other countries do not send pregnant women to prison, and this new mitigating factor will bring England closer to aligning with international standards.
The introduction of pregnancy, childbirth, and post-natal care as a mitigating factor in sentencing for pregnant women and new mothers is a step in the right direction. By considering the specific needs and vulnerabilities of this demographic, courts can ensure fairer and more compassionate treatment for those who are expecting or have recently given birth. It is essential to prioritize the well-being of both the mother and the child in the criminal justice system, and this new rule marks a positive development in that direction.
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