Pregnant women and new mothers offered more flexible sentencing options in today’s Sentencing Review

Birth Companions welcomes the findings of David Gauke’s Independent Review of Sentencing. In particular, we are delighted to see explicit recognition of the harm caused by imprisoning pregnant women and new mothers, and its call for more flexible sentencing options on that basis. The report states these women should be diverted from prison and supported in the community. Custody must only be a last resort.
 
Birth Companions has been making this call for nearly 30 years. Now we have the opportunity to see it happen. 

We support the proposal that suspended sentences should be allowed for up to three years and prioritised for those with complex needs, including pregnant women; and the extension of deferred sentencing from six to 12 months. As Gauke spells out, this will allow pregnant women an opportunity to engage with health, social care and community services.
 
The extension of suspended sentence orders and greater use of deferred sentences were core recommendations in Birth Companions’ submission to the Sentencing Review. We also recommended greater use of liaison and diversion services, community sentencing, and more sustainable funding for Women’s Centres to provide the right support, at the right time. 

We look forward to working closely with the Ministry of Justice and the Women’s Justice Board to ensure David Gauke’s recommendations are effectively translated and applied to drive a radical reduction in the number of pregnant women and mothers of infants in prison. 

As the Government itself recognises, prison does not work for women. We hope today’s report marks the start of a significant shift in the approach to women across the entire criminal justice system.