New guidelines mean pregnant offenders could be spared custodial sentences
Emily Dunham - 7 April 2025
In new guidelines that came into effect on 1 April 2025, pregnant or postnatal offenders may be spared prison sentences. For the first time, relevant decision makers have been advised to avoid sentencing individuals who will have to navigate pregnancy, birth or the postpartum period in prison “unless the imposition of a custodial sentence is unavoidable.” Whilst this doesn’t mean that no pregnant women will ever serve time in prison, it does mean that the number of women going through pregnancy and childbirth in prison will be significantly reduced. The guidance also includes pregnancy as a possible reason for giving a suspended sentence.
The latest official data shows that there were 215 pregnant women housed within English prisons for at least some length of time between April 2023 and March 2024. During that time, 53 children were born to mothers serving custodial sentences. Even though all but one of these children were born in hospital, there are still a number of risks related to pregnancy and childbirth for incarcerated mothers and their babies, including significant mental and physical health conditions. Sadly, at least two babies have died in prisons in the last three years when their mothers gave birth without medical assistance.
Eleven countries globally have laws against sending pregnant women to prison, and it seems England and Wales will be following suit, with much support from organisations such as the Royal College of Midwives and campaign group Level Up. After all, the NHS classifies all pregnancies in prison as high-risk, and the Sentencing Council’s guidelines acknowledge that prison is a high-risk environment for pregnant offenders. This acknowledgement, alongside the resulting changes to sentencing guidelines, is a huge milestone for campaigners and pregnant women facing time in prison.