Pregnant women receive flexible sentencing options

The recent Independent Review of Sentencing by David Gauke has sparked optimism among organisations advocating for pregnant women and new mothers in contact with the criminal justice system. Birth Companions, a charity focused on the unique needs of these women, has welcomed the report's findings, particularly its explicit recognition of the significant harm caused by the imprisonment of pregnant women and new mothers. Gauke’s report asserts that "these women should be diverted from prison and supported in the community," emphasising that custody must be considered a last resort.

For nearly 30 years, Birth Companions has been advocating for alternatives to imprisonment for this vulnerable group. The review presents a promising opportunity for change, proposing measures such as allowing suspended sentences of up to three years and an extension of deferred sentencing from six to 12 months, particularly for those with complex needs, including pregnant women. As stated by Gauke, these adjustments will enable pregnant women to "engage with health, social care and community services," fostering a supportive environment outside of prison walls.

The charity's submission to the Sentencing Review included core recommendations for extending suspended sentence orders, greater utilisation of deferred sentences, and enhanced liaison and diversion services. They have also emphasised the need for sustainable funding for Women’s Centres to provide timely and appropriate support. Birth Companions looks forward to collaborating with the Ministry of Justice and the Women’s Justice Board to ensure that Gauke's recommendations are implemented effectively, aiming for a significant reduction in the number of pregnant women and mothers of infants incarcerated.

The government's own acknowledgment that "prison does not work for women" aligns with Birth Companions' mission to end the use of prison as a solution for these women. The charity has been at the forefront of advocating for change since its inception, providing direct support to women in prisons nationwide. Today’s report heralds a potential turning point in how the criminal justice system addresses the needs of pregnant women and new mothers, indicating a shift towards more compassionate and effective approaches.

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