New Sentencing Guidelines: A Positive Step for Mothers and Babies

The Sentencing Council for England and Wales has announced transformative new guidelines that mean pregnant offenders and mothers of infants under one year old should only face imprisonment if it is “unavoidable”. Set to come into effect on April 1, these guidelines represent a major milestone in ensuring the safety and well-being of mothers and their babies.

Historically, pregnancy in prison has carried significant risks, classified as “high-risk” by both NHS and prison authorities. With at least two tragic infant deaths recorded in UK prisons over recent years, these changes come at a crucial time. The new guidelines explicitly acknowledge the risks and advocate strongly for alternatives to custody, underscoring the importance of protecting the physical and mental health of mothers and their babies.

Between April 2023 and March 2024 alone, 215 pregnant women were imprisoned in England, and 53 babies were born to mothers in custody. This data highlights the urgent need for a compassionate and practical approach to sentencing pregnant offenders.

Campaigners and organisations, such as Level Up and No Births Behind Bars, have long advocated for these changes, emphasising the importance of supportive, community-based alternatives. Janey Starling of Level Up described the new guidelines as a “huge milestone,” potentially paving the way for comprehensive statutory sentencing reform. Similarly, Liz Forrester from No Births Behind Bars described the guidelines as a “seismic change,” finally acknowledging the devastating impact imprisonment can have on both mothers and babies.

The new sentencing guidance makes clear that pregnancy and the postnatal period should now be considered “exceptional circumstances,” justifying non-custodial alternatives even for offences that normally require mandatory imprisonment. This shift prioritises the health, safety, and long-term welfare of both mother and child.

MAMA Academy, dedicated to safer pregnancies and healthier beginnings, welcomes these guidelines as a critical advancement toward safeguarding vulnerable mothers and their babies. Ensuring the best possible start in life should always be our guiding principle, particularly in challenging circumstances.

Championing policies that uplift the next generation is vital. The Sentencing Council’s decision represents a powerful recognition that the welfare of mothers and their children must always remain paramount in our justice system, leading to safer, healthier outcomes for future generations.