Should pregnant women be spared jail? Sentencing Council reviews the impact of prison on unborn babies

Published

1 year ago

October 24, 2023

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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 described 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 woman, ‘Susie’, said she had no one to turn to when she thought she had miscarried her baby in her cell.

She said: “They didn’t realise that I was still laying in a bed of blood.”

She 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 woman, ‘Anna’, who also wants to remain anonymous, describes her experience as “humiliating” and says she gave birth while handcuffed to a prison officer.

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 in 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.

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 for a pregnant woman is also a sentence for 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.

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 the 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 stillbirth, 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.”

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 practice next April.

UK

Five people guilty in case of mistaken-identity double murder of teenage boys

Published

4 hours ago

November 15, 2024

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Five people guilty in case of mistaken-identity double murder of teenage boys

Four teenagers and a 45-year-old man have been found guilty of murdering two boys, aged 15 and 16, who were attacked with machetes in a case of mistaken identity.

The convictions follow a five-week trial at Bristol Crown Court.

The jury heard how Max Dixon and Mason Rist were killed in a case of mistaken identity on 27 January, after being wrongly identified as being responsible for a house attack in the Hartcliffe area of the city earlier that evening.

Antony Snook, 45, Riley Tolliver, 18, and three boys aged 15, 16 and 17 were all on trial each charged with two counts of murder.

As the jury foreman returned the guilty verdicts, none of the defendants showed any reaction from the dock, as they sat impassively and stared straight ahead.

The fatal stabbings in Knowle West lasted just 33 seconds – with both boys suffering what the court heard were “unsurvivable” injuries and “instant severe blood loss”.

Both died in hospital in the early hours of 28 January.

Detective Superintendent Gary Haskins, the case’s senior investigating officer from Avon and Somerset Police, told Sky News that Max and Mason had nothing to do with the house attack.

“Those boys were not known to their attackers, they were best friends, two beautiful children just going about their lives and attacked for no reason whatsoever,” he said.

Much of the prosecution’s case was based on CCTV and doorbell videos, including a camera on Mason’s own house which captured footage of the knife attack against him.

The pair were seen leaving Mason’s home at around 11.15pm and were going for a pizza.

Prosecutor Ray Tully KC told the jury that the boys were set upon by the group who had been travelling in Snook’s Audi Q2.

He said the group were “out for revenge”, “acting as a pack” to hunt down those responsible and “tooled up” with fearsome weapons.

After the attackers fled, Max and Mason were left bleeding in the street.

The investigation involved more than 230 police officers and staff – with thousands of pieces of evidence analysed.

Hundreds mourned victims at school

The teenage victims were in year 11 together at the Oasis Academy John Williams secondary school and were preparing to sit their GCSEs this summer.

The school’s headteacher Victoria Boomer-Clark told Sky News that everyone rallied to support fellow pupils and staff.

She said: “After the boys were tragically murdered, for us first and foremost we were thinking about the families and how they were coping with the absolute tragedy and shock of that.

“I can remember trying to prepare for that Monday morning and my memories now are how exceptionally strong our young people are and how we have a real sense of community.

“Unbeknownst to us the young people had arranged to hold a vigil on the playground during breaktime on that first Monday. We had hundreds of young people and staff coming together in silence.”

Ms Boomer-Clark said the boys would have attended school prom this summer.

“We had a wall that was lit up in red for Mason and Liverpool football club and a wall in blue for Park Knowle Football Club,” she said. “The year group came together and supported each other through it.”

Detective had never seen ‘horrific’ weapons before

The murders came before a new law was introduced banning ownership of zombie-style knives and machetes.

Detective Superintendent Gary Haskins said: “The weapons used in the attack on Mason and Max were simply horrific.

“I’ve been a detective for many, many years and I’ve had the misfortune of investigating some serious offences.

“In all my service I’ve not seen a weapon like the one we saw used on those two boys.

“There is no place for a weapon of that type in society for any reason whatsoever.”

The detective praised the boy’s families, who attended court throughout the trial.

He added: “I’m humbled by the families involved in this investigation. They’ve been at court every day, they’ve seen things at court that no parent should ever be exposed to. They saw the attacks on their children, but they maintain their dignity, their courage and their love for their family.

“How can you replace what they’ve lost? They’ve lost two beautiful sons, and I can only hope that the verdicts will bring some form of closure. It will never close completely.”

Snook will be sentenced on 19 November at Bristol Crown Court.

The other four defendants will be sentenced on 16 December following the preparation of pre-sentence reports.

Police are continuing to investigate the Hartcliffe house attack and search for those responsible.

UK

UK economy grows by 0.1% between July and September – slower than expected

Published

6 hours ago

November 15, 2024

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UK economy grows by 0.1% between July and September - slower than expected

The UK economy grew by 0.1% between July and September, according to the Office for National Statistics (ONS).

However, despite the small positive GDP growth recorded in the third quarter, the economy shrank by 0.1% in September, dragging down overall growth for the quarter.

The growth was also slower than what had been expected by experts and a drop from the 0.5% growth between April and June, the ONS said.

Economists polled by Reuters and the Bank of England had forecast an expansion of 0.2%, slowing from the rapid growth seen over the first half of 2024 when the economy was rebounding from last year’s shallow recession.

And the metric that Labour has said it is most focused on – the GDP per capita, or the economic output divided by the number of people in the country – also fell by 0.1%.

Reacting to the figures, Chancellor of the Exchequer Rachel Reeves said: “Improving economic growth is at the heart of everything I am seeking to achieve, which is why I am not satisfied with these numbers.

“At my budget, I took the difficult choices to fix the foundations and stabilise our public finances.

“Now we are going to deliver growth through investment and reform to create more jobs and more money in people’s pockets, get the NHS back on its feet, rebuild Britain and secure our borders in a decade of national renewal,” Ms Reeves added.

The sluggish services sector – which makes up the bulk of the British economy – was a particular drag on growth over the past three months. It expanded by 0.1%, cancelling out the 0.8% growth in the construction sector.

The UK’s GDP for the most recent quarter is lower than the 0.7% growth in the US and 0.4% in the Eurozone.

The figures have pushed the UK towards the bottom of the G7 growth table for the third quarter of the year.

It was expected to meet the same 0.2% growth figures reported in Germany and Japan – but fell below that after a slow September.

The pound remained stable following the news, hovering around $1.267. The FTSE 100, meanwhile, opened the day down by 0.4%.

The Bank of England last week predicted that Ms Reeves’s first budget as chancellor will increase inflation by up to half a percentage point over the next two years, contributing to a slower decline in interest rates than previously thought.

Announcing a widely anticipated 0.25 percentage point cut in the base rate to 4.75%, the Bank’s Monetary Policy Committee (MPC) forecast that inflation will return “sustainably” to its target of 2% in the first half of 2027, a year later than at its last meeting.

The Bank’s quarterly report found Ms Reeves’s £70bn package of tax and borrowing measures will place upward pressure on prices, as well as delivering a three-quarter point increase to GDP next year.

UK

Meeting the deeply radical anti-tax group that is ‘growing in popularity’

Published

6 hours ago

November 15, 2024

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Meeting the deeply radical anti-tax group that is 'growing in popularity'

“If you are a member of something, it means you’ve accepted membership. Anything with ‘ship’ on the end, it’s giving you a clue: it’s telling you that’s maritime law. That means you’ve entered into a contract.”

This isn’t your standard legal argument and it is becoming clear that I am dealing with an unusual way of looking at the world.

I’m in the library of a hotel in Leicestershire, a wood-panelled room with warm lighting, and Pete Stone, better known as Sovereign Pete, is explaining how “the system” works. Mr Stone is in his mid-50, bald with a goatee beard and wearing, as he always does for public appearances, a black T-shirt and black jeans.

With us are six other people, mainly dressed in neat jumpers. They’re members of the Sovereign Project (SP), an organisation Mr Stone founded in 2020, which, he says, now has more than 20,000 paying members.

As arcane as this may sound, it represents a worldview that is becoming more influential – and causing problems for authorities. Loosely, they’re defined as “sovereign citizens” or “freemen on the land”.

Their fundamental point is that nobody is required to obey laws they have not specifically consented to – especially when it comes to tax. They have hundreds of thousands of followers in the UK across platforms including YouTube, Facebook and Telegram.

Increasingly, they are coming into conflict with governments and the law. Sovereign citizens have ended up in the High Court in recent months, challenging the legalities of tax bills and losing on both occasions.

In October, four people were sentenced to prison for the attempted kidnapping of an Essex coroner, who they saw as acting unlawfully. The self-appointed “sheriffs” attempted to force entry to the court, one of them demanding: “You guys have been practising fraud!”

The Sovereign Project is not connected to any of those cases, nor does it promote any sort of political action, let alone violence.

Instead, they are focused on issues like questioning the obligation to pay taxes, as Mr Stone explains, referencing the feudal system that operated in the Middle Ages.

“Do you know about the feudal system when people were slaves and were forced to pay tax?” he asks.

“Now, unless the feudal system still operates today, and we still have serfs and slaves, then the only way that you can pay taxes is to have a contract, you have to agree to it and consent to it.”

Another member, Karl Deans, a 43-year-old property developer who runs the SP’s social media, says: “We’re not here to dodge tax.”

Local government tends to be a target beyond just demands for tax. Mr Stone speaks of “council employee crimes”.

I ask whether, considering the attempted kidnapping in Essex, there is a danger that people will listen to these accusations of crimes by councils and act on them.

“Well that’s proved,” Mr Stone says. “We only deal with facts.”

Evidence suggests this approach is becoming an issue for councils across the UK, as people search online for ways to avoid paying tax.

Sky News analysis shows that out of 374 council websites covering Great Britain, at least 172 (46%) have pages responding to sovereign citizen arguments around avoiding paying council tax. They point out that liability for council tax is not dependent on consent, or a contract, and instead relies on the Local Government Finance Act 1992, voted on by Parliament.

But the Sovereign Project’s worldview extends beyond council tax. It is deeply anti-establishment, at times conspiratorial. Stone suggests the summer riots may have been organised by the government.

“The sovereign fraternity operates above all of this,” he says. “We look down at the world like a chessboard. We see what’s going on.”

He explains that, really, the UK government isn’t actually in control: there is a shadow government above them.

“These are the people who control government,” he explains.

“A lot of people say this could be the crown council of 13, this could be a series of Italian families.”

Professor Christine Sarteschi, an expert in sovereign citizens at Chatham University, Pittsburgh, says she’s worried about the threat sovereign citizens may pose to the rule of law, especially in the US where guns are readily available.

“The movement is growing and that’s evidenced by seeing it in different countries and hearing about different cases. The concern is that they will become emboldened and commit acts of violence,” she says.

“Because sovereigns truly believe in their ideas and if they feel very aggrieved by, you know, the government or whomever they think is oppressing them or controlling them… they can become emotionally involved.

“That emotional involvement sometimes leads to violence in some cases, or the belief that they have the power to attempt to overthrow a government in some capacity.”

Much of this seems to be based on an underlying and familiar frustration at the state of this country and of the world.

Mr Stone echoes some of the characteristic arguments also made by the right, that there is “two-tier policing”, that refugees arriving in the UK are “young men of fighting age”, that the government is using “forced immigration to destroy the country”.

Another SP member, retired investment banker David Hopgood, 61, says: “I firmly believe it is the true Englishman – and woman – of this country – that has the power to unlock this madness that’s happening in the West.

“We’ve got the Magna Carta – all these checks and balances. We just need to pack up, go down to Parliament and say: It’s time to dismiss you. You’re not fit for purpose.”

The members of the Sovereign Project are unfailingly patient and polite in explaining their understanding of the world.

But there is no doubt they hold a deeply radical view, one that is apparently growing in popularity.