Sentencing Act Receives Royal Assent

Yesterday, the Sentencing Bill received Royal Assent, becoming the Sentencing Act 2026. This marks a significant moment in Birth Companions' long campaign to end the imprisonment of pregnant women and mothers of infants.

Taking stock

We are pleased to see the specific provision in the Act to take account of pregnancy, caregiving, and experience of domestic abuse when considering whether to grant bail – a measure we have long called for and campaigned on. This could lead to a significant reduction in the alarming number of women held in prison on remand. Together with other changes to sentencing, these measures could help deliver the reduction in the female prison population we've all been working towards for so long.

We also welcome the removal of Clause 35 from the Bill – the deeply harmful proposal to 'name and shame' those carrying out community sentences. We’re delighted to have been part of the successful campaign calling for its removal.

These changes build on decades of sustained advocacy. Birth Companions worked closely with the Sentencing Council over several years to ensure pregnancy and early motherhood were included as specific mitigating factors within sentencing guidelines. The vital updates to those guidelines laid the groundwork for pregnant women and mothers of infants to be considered within David Gauke’s Sentencing Review, and saw the Justice Secretary at the time, Shabana Mahmood, state in the House of Commons that she was “particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future.”

The real work begins now

However, this Act is only the beginning. Law must now translate into policy, and policy into practice. All eyes must be on the Women's Justice Board, policymakers and practitioners across every agency that works with women involved with the criminal justice system. This cannot be the work of the justice system alone; police, probation, health, children's social care, housing, and specialist voluntary sector organisations must all play their part, together.

For 30 years Birth Companions has led calls for an end to the imprisonment of pregnant women and mothers of young infants.  Our ongoing '1001 Days in the CJS' campaign sets out priorities for achieving this, through a radically different approach to the critical period from conception to a child's second birthday across the entire criminal justice system. Evidence shows that what happens in this period lays the foundations for children's long-term physical and mental health and wellbeing, yet the criminal justice system remains ill-equipped to deal with it.

Our research with Clinks highlighted a widespread lack of recognition and responsiveness to pregnancy and early motherhood among probation teams and there are currently no policies specific to the needs of pregnant women and mothers of infants within either probation or policing.

Real change will require mandatory ‘first 1001 days impact assessments’ (which we are currently developing with those who have lived and learned expertise); targeted  policies; investment in community alternatives to custody; and improved coordination across health, social care and housing.

Further considerations

This legislation presents serious concerns for Black, racially minoritised and foreign national women, particularly those who are the victims of trafficking or exploitation. The increase in the length of fixed term recalls is likely to have a disproportionate impact on women. And if community provision is not properly resourced, we may even see more women in custody, rather than less.

The Sentencing Act is a step in the right direction for pregnant women and mothers of babies, but it isn't the destination. Real change lies in the policy that comes next, and in holding all involved accountable for delivering meaningful changes that will reduce criminalisation, address the root causes of offending, and provide the support that improves futures for women, babies, and society as a whole.

To discuss the Birth Companions Institute's campaigning work in this area, please get in touch.