News post
Sentencing Bill: Good, bad, or somewhere in between?
22 Sep 2025
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A response to the Sentencing Bill from the Birth Companions Institute
A response to the Sentencing Bill from the Birth Companions Institute
It is not possible to say, at this stage, whether the government's new Sentencing Bill is good, bad, or somewhere in between. There is some clear potential value for women, and we applaud the significant addition of Bail provisions for pregnant women, parents of dependent children and victims of domestic abuse. But there are many risks and pitfalls to be navigated if the Bill is to deliver the significant reform for women promised by ministers and the Women’s Justice Board.
Several of the Bill’s key changes – a presumption against prison sentences of less than 12 months; longer deferral of sentences; and allowing the suspension of custodial sentences of up to three years instead of two – have significant potential benefits for women. In his Sentencing Review, David Gauke was keen to highlight the particular value of these sentencing options for pregnant women and mothers of young children, allowing them to keep their families intact, stay in their communities, and access the support services they need. But as senior lawyers have pointed out [1], these changes sit within a complex web of caveats. The changes the Bill will make to the already complicated sentencing code is likely to make the justice system even harder to navigate for individuals and their lawyers, potentially undermining the value of these more flexible sentencing options.
Of course, we welcome the specific provision to take account of pregnancy, caregiving, and experience of domestic abuse when considering whether to grant bail. This could lead to a significant reduction in the alarming number of women held in prison on remand. Together with the 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.
However, this can only happen if the guidance is followed, and if the probation service, in partnership with specialist voluntary sector services, is fully equipped to take account of women’s specific needs. Tags and curfews, for instance, can pose huge issues for heavily pregnant women and during labour. Policies across the whole criminal justice system need to be clear on these points, and agencies need to be held account for failures to follow them.
There are further issues. The blanket application of a fixed term recall period of 56 days in prison, up from the current 28 days, could push the numbers of women in custody back up if the drivers of recall – unmet mental health needs, inappropriate housing, and substance use – aren’t addressed to help women comply with license conditions [2]. This measure signally ignores concern around the huge number of women’s recalls that are needless, avoidable and unjust.
A plan to publish the names and photographs of those undertaking unpaid work as part of a community order is intended to deliberately and publicly shame those serving community sentences. Such a move will not only stigmatise and put at risk those serving community orders, but will inevitably and actively harm their children and wider family members. This is clearly not a sensible or viable measure and will, we expect, be removed.
The positive impact of this Bill for pregnant women and mothers of young children will depend on its implementation, as much as the letter of the law itself. This will require a strong and hyper-focused effort from the Women’s Justice Board and its cross-governmental delivery group.
As this Bill travels through parliament, it must be the job of all involved, across parties and in both chambers, to be mindful of the language used across all communications. There is huge social cost to perpetuating the narratives of shame, stigma and punishment that have created the mess we’re in. Our criminal justice system needs to be set on a different path – shaped by the evidence and led by a public health approach to addressing the root causes of offending. Only on this path will we effectively tackle crime and its consequences for the benefit of all: victims; those who offend; and society as a whole.