Should pregnant women be spared jail? – Sentencing Council reviews the impact of prison on unborn babies
The Sentencing Council is examining whether pregnancy should be a stronger reason not to send a female offender to jail.
It launched a consultation last month which will examine the potential impact of being pregnant and giving birth as a prisoner, and it’s due to publish its decision in November.
Current guidance only suggests that judges “may consider” pregnancy when sentencing.
Campaigners say there is no statutory duty to consider it, and judges often don’t – and that unborn babies are put at risk in prison and shouldn’t be punished for their mother’s crimes.
Others argue pregnancy shouldn’t be used as an excuse to dodge punishment.
Sky News has spoken to three women who’ve experienced pregnancy in jail and describe a frightening, isolating and humiliating experience.
One we will call ‘Olivia’ said being sent to jail pregnant was “traumatic beyond words, terrifying, lonely and deeply unsettling”.
She said: “There aren’t the midwives, there’s not the 24/7 support. If someone has a medical emergency, how many sets of keys does it take to unlock all the doors to get through? And that’s before you can even get into the prison to get the paramedics or the midwife to the woman.”
‘Laying in a bed of blood’
Another, ‘Susie’, said she had no one to turn to when she thought she had miscarried her baby in her cell.
‘Susie’ said she had no one to turn to
She said: “They didn’t realise that I was still laying in a bed of blood,” and added she had “a horrifying wait” all weekend to get her situation checked with a scan.
Susie says prison life is unsuitable for a pregnant woman: “I got a lot hungrier, and they told me that they wouldn’t provide me with more food, and I didn’t have a pregnancy mattress.
“I feel like as you gain more weight, your body’s pressing into the bed and you spend an awful lot of time in your room.”
A handcuffed birth
A third women ‘Anna’, who also wants to remain anonymous, describes her experience as “humiliating” and says she gave birth while handcuffed to a prison officer.
‘Nobody came’ says ‘Anna’
She says the officer “told me to be grateful that she was putting me on long cuffs and not short cuffs”. These are cuffs with a longer chain.
Anna says that only when she had a second pregnancy outside of prison, did she realise how substandard the care is for women behind bars.
She said while in prison “I had appointments that had been missed. I had a scan that was coming up. I ended up missing that a couple of times because they never had the staff to take me.
“Eventually I went and was taken through the front of the hospital in handcuffs. That’s very degrading and humiliating.”
She added: “When I went into labour it was early hours in the morning at 5.30am. I pressed my cell bell. An officer told me that somebody would be with me soon. But nobody came.
“I pressed it another three, four times. Nobody came. They only then unlocked me at the same time they unlocked the rest of the landing.”
Anna added: “I didn’t see the nurse till about 9.30 in the morning. I wasn’t sitting in an ambulance to go to the hospital until around 10.30am. I had been told that the ambulance was there, but it was waiting outside of the gates because it had to be security cleared to come into the prison.”
Ministry of Justice figures show that three births took place in prison or on transit to hospital in 2021-22.
The case of Aisha Cleary
In July this year, an inquest found “serious operational and systemic failings” contributed to the chances of survival of baby Aisha Cleary, born to an inmate in HMP Bronzefield in Surrey.
Her 18-year-old mother, Rianna Cleary, gave birth alone in her cell on the night of 26 September 2019. She called for help, but nobody came. Aisha was found dead in the cell the following morning.
Rianna Cleary gave birth alone at HMP Bronzefield
An ombudsman report into Aisha’s death published in September 2022, not only criticised the care of Rianna, but made a wider conclusion that “all pregnancies in prison should be treated as high risk by virtue of the fact that the woman is locked behind a door for a significant amount of time”.
Campaigners say it therefore follows that any prison sentence to a pregnant woman is also a sentence to a high-risk pregnancy – and a threat to their baby. But the women we spoke to say their pregnancy wasn’t taken into consideration during their sentencing.
Protesters have campaigned against pregnant women going to jail
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Prison ‘never a safe place’ to be pregnant
Speaking at a vigil which was held outside the Ministry of Justice to remember the anniversary of the birth and death of Aisha, Janey Starling, from campaign group Level Up, said: “It is so evident that prison will never be a safe place to be pregnant.
“Pregnant women in prison are seven times more likely to suffer a still birth, twice as likely to give birth to a premature child that needs special intensive care and ultimately the long-lasting trauma on a mother and a child is devastating.”
Janey Starling: ‘Prison will never be a safe place to be pregnant’
These arguments are supported by the Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists, and will inform the Sentencing Council’s decision on whether pregnancy should be a greater mitigating factor in deciding whether someone goes to jail – set against the need to punish people who commit crimes.
A Ministry of Justice spokesperson said: “Custody is always the last resort for women and independent judges already consider mitigating factors, like pregnancy, when making sentencing decisions.
“We have made significant improvements to the support available for pregnant women in custody in recent years. This includes employing specialist mother and baby liaison officers in every women’s prison, conducting additional welfare checks and stepping up screening and social services support so that pregnant prisoners get the care they need.”
The consultation is currently open for submissions, and they are due to publish their findings on 30 November this year.
Any new guidance for judges would come into practise next April.
UK
Reward of £20,000 offered to identify parents of three siblings abandoned as babies over eight years
A £20,000 reward is being offered for information that leads to the identification of the parents of three siblings found abandoned in London over eight years.
The Metropolitan Police said that despite more than 450 hours of CCTV being reviewed, the parents of the three children, known as Elsa, Roman and Harry, remain unidentified.
However, it is believed their mother has lived in an area of east London “over the past six years”.
Elsa was believed to be less than an hour old when she was found by a dog walker on 18 January last year, in East Ham, east London.
In the months that followed it was found that she had two siblings who were also abandoned in similar circumstances, in the same area of London, in 2017 and 2019.
On Saturday, police said the independent group Crimestoppers had offered a £20,000 reward for information passed to the charity, which will expire on 18 April.
Detective Inspector Jamie Humm, of the Met’s child abuse investigation team, said: “We have carried out extensive inquiries over the past year to try and locate Elsa’s parents.
Baby Roman. Pic: Met Police/PA
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“This has involved reviewing over 450 hours of CCTV and completing a full DNA structure of the mother.
“We have serious concerns for the wellbeing of the parents, especially the mother, and are continuing to work closely with Newham Council and appeal for the public’s help for information.
“I believe that someone in the area will have been aware of the mother’s pregnancies and that within the community there may be (or) have been concerns for this mother’s welfare.
“Thanks to the DNA work of forensic colleagues, police will be able to eliminate any unconnected person quickly and easily, as such I would ask you to contact police with confidence.”
The baby was found at the junction of Greenway and High Street South in Newham. Pic: PA
Elsa was found wrapped in a towel in a reusable shopping bag, of which police have also released a new image, and was kept warm by the dog walker. She was uninjured.
Police said at the time that it was “highly likely” that she was born after a “concealed pregnancy”.
The Boots bag in which Baby Elsa was found abandoned by a dog walker in Newham on 18 January 2024. Pic: Met Police/PA
The BBC reported that at an initial court hearing, East London Family Court was told it took doctors three hours to record Elsa’s temperature because of the cold, and the Met Office said that temperatures dropped to as low as -4C on the night she was found.
Hospital staff named her Elsa in a reference to the character from the film Frozen.
The police investigation into the identity of the children’s parents continues, and anyone with information is asked to call police on 101 or post @MetCC ref Operation Wolcott.
People can also contact Crimestoppers anonymously at any time on 0800 555 111 or via Crimestoppers-uk.org.
Fresh appeals have been made for information on what would have been the 20th birthday of Ellis Cox, who was shot dead in Liverpool last June.
A number of people have been arrested in connection with the murder at Liver Industrial Estate, but no one has been charged yet.
The 19-year-old’s family and police have paid tribute to him and called for those with information to come forward.
He was shot in the back after a confrontation between his friends and another group of up to three males on Sunday 23 June.
Ellis Cox who was shot dead in June 2024. Pic: Merseyside Police
His mother Carolyn paid tribute in an appeal to coincide with what would have been his 20th birthday.
“He was so kind… so laid back, so calm, so mature for his age. And he was just funny. Very funny.
“He was my baby… no mum should have to bury a child. He was my life. And I don’t know what to do without him.”
Mum Carolyn Cox (left) and aunt Julie O’Toole (right) are looking for answers
Ellis’ mum described him as ‘kind” and “funny. Pic: Merseyside Police
Meanwhile, his aunt Julie O’Toole said he was “the sort of person I think you’d be hard pressed to find anyone to say anything negative about. He was loyal, fiercely loyal… everything was about his family”.
To pay tribute to Ellis, Liverpool City Council will be lighting up the Cunard Building and Liverpool Town Hall in orange on Saturday.
DCI Steve McGrath does not believe Ellis was involved in criminality
Detective Chief Inspector Steve McGrath, the senior investigating officer, spoke about the information gathered so far, six months on from Mr Cox’s murder.
“I’m satisfied that the group that he was with was probably the target… and I would say that’s got something in relation to do with localised drug dealing in that area. But Ellis had no involvement in that whatsoever,” he said.
He added that police are looking for “really significant pieces of evidence now”, including “trying to recover the firearm that was used in relation to this, looking to recover the bikes that were used by the offenders”.
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Mrs Cox also appealed for people to come forward with information.
“If you know anything, don’t let us get to [his] next birthday and still know nothing.
“We need to get justice for Ellis. And we need to get the people who took him from us off the streets.”
Former Manchester United and Scotland footballer Denis Law has died, at the age of 84.
In a statement, his family said: “It is with a heavy heart that we tell you our father Denis Law has sadly passed away. He fought a tough battle, but finally, he is now at peace.
“We would like to thank everyone who contributed to his wellbeing and care, past and much more recently.
“We know how much people supported and loved him and that love was always appreciated and made the difference.”
Denis Law in 2005. Pic: PA
The Aberdeen-born footballer previously announced in August 2021 that he had been diagnosed with dementia.
A prolific striker, Law scored 237 goals in 404 appearances for Manchester United, for whom he signed for a then-British record transfer fee in 1962.
He is the only man to have two statues dedicated to him at Old Trafford – one on the Stretford End concourse, the other as part of the United Trinity statue overlooking the stadium’s forecourt beside fellow great George Best and Sir Bobby Charlton.
Denis Law, third from left, as a statue featuring him alongside Sir Bobby Charlton and George Best – known as the ‘holy trinity’ – was unveiled in 2008. Pic: AP
The only Scottish player to have won the Ballon d’Or award, in 1964, he was also part of United’s triumphant campaign in the 1968 European Cup – in which they became the first English club to ever win the competition.
In a statement, the club said: “Everyone at Manchester United is mourning the loss of Denis Law, the King of the Stretford End, who has passed away, aged 84.
“He will always be celebrated as one of the club’s greatest and most beloved players.
Denis Law, centre, during Manchester United’s triumphant European Cup campaign in 1968. Pic: AP
“The ultimate goalscorer, his flair, spirit and love for the game made him the hero of a generation. Our deepest condolences go out to Denis’s family and many friends. His memory will live on forever more.”
Wayne Rooney, former United captain and the club’s all-time record goalscorer, described Law as a “legend”.
“Thoughts with all Denis’s family and friends,” he said in an online post.
Another former United captain, Gary Neville, said: “A great footballer and a great man. It’s a privilege and an honour to have spent time in your company. The King of the Stretford End.”
A tribute from the Scotland national team said Law was “a true great”.
“We will not see his likes again,” it said.
Law also played for Huddersfield Town, Manchester City, and Italian club Torino during his club career, and made 55 appearances for Scotland, scoring 30 goals for his country.
Manchester City said in a post on X: “The whole of Manchester, including everyone at City, is mourning with you. Rest in peace, Denis.”
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