on Wednesday the 5th March 2025 the sentencing council announced new guidelines surrounding pregnant women and new mothers being sent to prison which is acknowledged to be a high risk environment . This is a pivotal moment within the criminal justice sector and society as a whole . The new sentencing guidelines which can be found on the sentencing councils website instructs judges and magistrates to consider an individual’s circumstances before sentencing . The changes will come into effect from April 1st 2025 .
The HMCTS will be encouraged to avoid sending pregnant and new mothers to prison and instead find alternative measures of punishment and rehabilitation such as community orders or suspended sentences . It has been scientifically proven that women from racially minorities backgrounds face much greater risks during pregnancy , childbirth and the postnatal period in comparison to their white counter parts and the sentencing guidelines have acknowledged that .
various organisations have been tirelessly campaigning to end the imprisonment of pregnant mothers such as women in prison , birth companions , working chance and Level up. It has been well established that prison puts mothers and infants at detrimental risk of both physical and emotional harm . Many pregnant women in prison suffer from mental health issues , complex health needs , are at greater risks of pre-eclampsia , haemorrhage and sepsis they are also twice as likely to give birth prematurely than women outside of prison . Nic Murray from he Guardian news paper also published a story Feb 2025 revealing alarming data in regards to women in prison and diabetes and that women in prison are three times more likely to suffer from gestational diabetes than women outside of prison .
The NHS and prison ombudsman categories all pregnancies in prison as high risk . Laura Abbott associate professor in midwifery at Hertfordshire University was quoted saying
“It was alarming but not surprising . we have known for many years that preterm birth is more common among incarcerated pregnant women, and this further highlights the severe health risks they face”. she said “gestational diabetes increases the risk of high blood pressure and pre – eclampsia , serious conditions that require early detection, good nutrition and careful obstetric management , which is extremely difficult in a prison setting . It also increases the risk of still birth “.
According to figures from the ministry of justice Between April 2023 and March 2024 there were 215 pregnant women in prison in England . There were 52 births in custody and 98% of them took place in hospital.
In 2019 Aisha Cleary A newborn baby girl died at HMP Bronzefield after her mother who was in custody on remand was left alone to give birth in her celland Louise Powell gave a birth to a stillborn baby in a toilet at HMP & YOI Styal in 2020 after her emergency calls went unanswered she told the Guardian last year “no woman should have to give birth behind bars”.
These are just two unnecessary and tragic stories many more pregnant women and infants have had to suffered as a result of imprisonment and inadequate care and treatment.
The National women’s coalition responded to the new guidelines with this quote “Directing sentencers to take full account of an individual’s circumstances – including their ethnicity, cultural background , pregnancy and early motherhood – before determining the most appropriate sentence represents safer, fairer and more effective sentencing that will ultimately benefit society as a whole “
Clean break theatre company have also recently devised a play in collaboration with birth companions highlighting the impact prison sentences have on pregnant women . The play is called scenes from lost mothers and is available to book as a training resource for workplaces and educational institutions . There will also be two public viewings taking place on 25th and 26th March at Royal Central School of speech and drama .