Naomi Delap, Director of Birth Companions, responds to news that the Sentencing Council is delaying the ‘in force’ date of its guideline on the imposition of community and custodial sentences.
“We are disappointed that, despite making clear it considers the revised guideline necessary and appropriate, the Sentencing Council has had to delay this coming into force. The updated guideline included specific and extensive direction on sentencing pregnant women and mothers of very young children. This delay means that sentencers may not fully and adequately consider the significant risks that custodial sentences pose to the health and wellbeing of both mother and child; risks that have resulted in the deaths of several babies in the prison estate.
“In light of this, we urge the Sentencing Council and the Ministry of Justice to work together to formulate a specific direction for sentencing pregnant women and mothers of young children. This should focus on preventing the use of custodial sentences in all but the most exceptional circumstances, and prioritise the use of community sentences and treatment requirements, shown to be effective in addressing the causes of crime while allowing women and babies to stay in their communities.
“This approach should be supported by the creation of a 1001 days impact assessment, to ensure all involved in sentencing decisions take full account of the needs of women and babies in the first 1001 days from conception to a child’s second birthday. Evidence shows what happens during this period lays the foundation for long term health and wellbeing. It is vital that action to protect babies and their mothers is not delayed”.
A better approach to the sentencing of pregnant women and mothers of young children, including the use of dedicated impact assessments, is outlined further in Birth Companions’ campaign 1001 Days in the CJS.
As well as her role at Birth Companions, Naomi Delap sits on the Partnership Delivery Group for the Women’s Justice Board as the expert on pregnancy and mothers of young children.
