In a major win for campaigners, pregnant people and those who have recently had a baby are now less likely to go into prison.
This comes after two major tragedies related to those pregnant in UK prisons.
For example in 2019, Rianna Cleary, who was 18 at the time, gave birth to baby Aisha Cleary alone in HMP Bronzefield Prison in Surrey — tragically it was reported that Aisha died hours later. Additionally in 2020, Louise Powell, who was 31 at the time, gave birth to a stillborn daughter, Brooke.
In fact, those in prison have a seven-times higher probability of suffering a stillbirth.
The new rule means that fewer women will be sent behind bars as campaigners have been calling for pregnancy to become a mitigating factor when deciding sentencing.
On March 18, the Sentencing Council published the changes that will come into effect from April 1.
It has now introduced a new dedicated mitigating factor – ‘Pregnancy, childbirth and post-natal care’ – which provides guidance for courts on sentencing pregnant offenders and new mothers, saying that the guidelines will be used for those pregnant or those who have given birth in the last 12 months.
The Sentencing Council says, “The introduction of a separate, dedicated factor will give more prominence to the guidance and provide more information to help the courts in deciding the sentence.”
Help and support:
- Sands works to support anyone affected by the death of a baby.
- Tommy’s fund research into miscarriage, stillbirth and premature birth, and provide pregnancy health information to parents.
- Saying Goodbye offers support for anyone who has suffered the loss of a baby during pregnancy, at birth or in infancy.