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.
Donald Trump has landed in Scotland for a four-day trip including high-level meetings – praising Sir Keir Starmer as “a good man” but calling illegal migration a “horrible invasion” that is “killing Europe”.
Crowds gathered at Prestwick Airport in Ayrshire amid a major security operation for the US president’s visit.
Mr Trump told reporters: “I like your prime minister. He’s slightly more liberal than I am… but he’s a good man… he got a trade deal done. It’s a good deal for the UK.”
The pair are expected to discuss potential changes to the UK-US trade deal which came into force last month.
Trump left Air Force One to head to Turnberry, one of his Scottish golf courses. Part of the trip will include the opening of another course in Aberdeenshire, billed as “the greatest 36 holes in golf”.
Trump supporters waved as Air Force One landed. Pic: PA
“There’s no place like Turnberry. It’s the best, probably the best course in the world. And I would say Aberdeen is right up there,” the US president said.
“Sean Connery helped get me the [planning] permits. If it weren’t for Sean Connery, we wouldn’t have those great courses,” he added.
During the trip, President Trump will also hold discussions with Scotland’s First Minister John Swinney and EU Commission President Ursula von der Leyen, who is keen to secure a trade deal with the US.
Donald Trump spoke to reporters after landing at Prestwick Airport, Ayrshire. Pic: AP
Mr Trump told reporters there was “a good 50-50 chance” of an agreement with the EU but added there were “maybe 20 different” sticking points.
EU diplomats say a deal could result in a broad 15% tariff on EU goods and half of the 30% Trump is threatening to impose by 1 August.
He travelled to Turnberry, one of his Scottish golf resorts, amid tight security. Pic: Reuters
The US president touched on illegal immigration and gave European leaders a stark warning.
“You better get your act together or you’re not going to have Europe anymore. You got to get your act together,” he said.
“But you’re allowing it to happen to your countries and you got to stop this horrible invasion that’s happening to Europe. Immigration is killing Europe.”
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What do Scots think of Trump visit?
He was also scathing about the installation of wind turbines across the continent.
“Stop the windmills. You’re ruining your countries,” he said. “It’s so sad. You fly over and you see these windmills all over the place, ruining your beautiful fields and valleys and killing your birds.”
Read more from Sky News:
Epstein risks following Trump
Ghislaine Maxwell questioned
Epstein questions keep coming
Domestically, Mr Trump faces the biggest political crisis of his second term in office over his administration’s handling of files linked to disgraced financier and sex offender Jeffrey Epstein, who died in prison in 2019.
He faced another round of questions after stepping off Air Force One.
“You’re making a big thing over something that’s not a big thing. I’m focused on making deals, not on conspiracy theories that you are,” he said.
Mr Trump added that “now’s not the time” to discuss a pardon for Ghislaine Maxwell, Epstein’s imprisoned accomplice.
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Trump in Scotland amid Epstein storm
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While the president’s visit did attract some enthusiastic flag-waving supporters at Prestwick Airport, he is also likely to trigger a number of protests, prompting Police Scotland to call in support from other forces in the UK.
The Stop Trump Scotland group has planned demonstrations on Saturday in Edinburgh, Aberdeen and Dumfries.
About 70% of Scots have an unfavourable opinion of Mr Trump, while 18% have a positive opinion, an Ipsos poll in March found.
Mr Trump is staying at his Turnberry property on Scotland’s west coast this weekend, before travelling to Aberdeenshire on Monday, where he will open a second 18-hole course.
He is due to return to the UK in September for a state visit hosted by the King – the first world leader in modern times to undertake two UK state visits.
UK
‘Immigration is killing Europe’: Donald Trump issues warning to leaders as he arrives in Scotland
Donald Trump has landed in Scotland ahead of a four-day trip, which includes high-level meetings, praising Sir Keir Starmer as “a good man” but also calling illegal migration a “horrible invasion” that was “killing Europe”.
Crowds gathered at Prestwick Airport in Ayrshire amid a major security operation for the US president’s visit.
Mr Trump told reporters: “I like your prime minister. He’s slightly more liberal than I am… but he’s a good man… he got a trade deal done. It’s a good deal for the UK.”
Trump latest: Donald Trump arrives in Scotland
The pair are expected to discuss potential changes to the UK-US trade deal which came into force last month.
Trump left Air Force One to head to Turnberry, one of his Scottish golf courses. Part of the trip will include the opening of another course in Aberdeenshire, billed as “the greatest 36 holes in golf”.
Trump supporters waved as Air Force One landed. Pic: PA
“There’s no place like Turnberry. It’s the best, probably the best course in the world. And I would say Aberdeen is right up there,” the US president said.
“Sean Connery helped get me the [planning] permits. If it weren’t for Sean Connery, we wouldn’t have those great courses,” he added.
During the trip, President Trump will also hold discussions with Scotland’s First Minister John Swinney and EU Commission President Ursula von der Leyen, who is keen to secure a trade deal with the US.
Donald Trump spoke to reporters after landing at Prestwick Airport, Ayrshire. Pic: AP
Mr Trump told reporters there was “a good 50-50 chance” of an agreement with the EU but added there were “maybe 20 different” sticking points.
EU diplomats say a deal could result in a broad 15% tariff on EU goods and half of the 30% Trump is threatening to impose by 1 August.
He travelled to Turnberry, one of his Scottish golf resorts, amid tight security. Pic: Reuters
The US president touched on illegal immigration and gave European leaders a stark warning.
“You better get your act together or you’re not going to have Europe anymore. You got to get your act together,” he said.
“But you’re allowing it to happen to your countries and you got to stop this horrible invasion that’s happening to Europe. Immigration is killing Europe,” he told reporters.
Please use Chrome browser for a more accessible video player
What do Scots think of Trump visit?
He was also scathing about the installation of wind turbines across Europe.
“Stop the windmills. You’re ruining your countries,” he said. “It’s so sad. You fly over and you see these windmills all over the place, ruining your beautiful fields and valleys and killing your birds.”
Read more from Sky News:
Epstein risks following Trump
Ghislaine Maxwell questioned
Epstein questions keep coming
Domestically, President Trump faces the biggest political crisis of his second term in office over his administration’s handling of files linked to disgraced financier and sex offender Jeffrey Epstein, who died in prison in 2019.
He faced another round of questions after stepping off Air Force One. “You’re making a big thing over something that’s not a big thing. I’m focused on making deals, not on conspiracy theories that you are,” he said.
Mr Trump added that “now’s not the time” to discuss a pardon for Ghislaine Maxwell, Epstein’s imprisoned accomplice.
Please use Chrome browser for a more accessible video player
Trump in Scotland amid Epstein storm
👉 Follow Trump100 on your podcast app 👈
While the president’s visit did attract some enthusiastic flag-waving supporters at Prestwick Airport, he is also likely to trigger a number of protests, prompting Police Scotland to call in support from other forces in the UK.
The Stop Trump Scotland group has planned demonstrations on Saturday in Edinburgh, Aberdeen and Dumfries.
About 70% of Scots have an unfavourable opinion of Trump, while 18% have a positive opinion, an Ipsos poll in March found.
President Trump is staying at his Turnberry property on Scotland’s west coast this weekend, before travelling to Aberdeenshire on Monday, where he will open a second 18-hole course.
He is due to return to the UK in September for a state visit hosted by the King – the first world leader in modern times to undertake two UK state visits.
A woman who thought she was being injected with Botox was left unable to swallow and doctors thought she had suffered a stroke – after she contracted a life-threatening illness from a potentially illegal product.
Nicola Fairley is one of dozens of people who have developed botulism linked to unlicenced anti-wrinkle injections.
She had the procedure done with her regular beautician after winning a Facebook competition for three areas of “Botox”.
Nicola Fairley
“Within two or three hours my forehead and the sides of my eyes had started to freeze,” Nicola says.
“At first I thought ‘amazing’, that’s what I wanted – then it just carried on.”
Nicola was eventually sent to A&E in Durham, where she met several other patients who all had similar symptoms.
Doctors were stumped. “They thought I’d had a stroke,” she says.
“We all had problems with our eyes, some of us with our breathing. I couldn’t swallow – they put me on nil by mouth because they were worried I would choke in the waiting room.”
Doctors were worried Nicola could choke after she was injected with a suspected illegal product
It turns out all of the patients had recently had anti-wrinkle injections containing botulinum toxin.
Health officials believe they were imported, illegal products.
Botulism – the disease they caused – is so rare many doctors never see it in their entire careers.
It can cause symptoms including slurred speech and breathing problems, and can be deadly.
The disease is so unusual, and so many cases were coming in, that doctors exhausted their stocks of anti-toxin and had to ask hospitals as far away as London to get more.
The UK Health Security Agency has so far confirmed 38 cases of botulism linked to cosmetic toxin injections, but Sky News has been told of several more.
The outbreak began in the North East but cases have now been seen in the East of England and East Midlands as well.
There are only a handful of legal botulinum toxin products in the UK – of which Botox is one.
But cosmetic treatments are largely unregulated, with anyone allowed to inject products like fillers and toxins without any medical training.
Cheap, illegal products imported from overseas are easily available.
Dr Steven Land
‘It’s the Wild West’
Dr Steven Land runs Novellus Aesthetics clinic in Newcastle upon Tyne. He worked for decades as an emergency medicine doctor before moving into aesthetics.
He says he has been warning health officials of an outbreak for years.
“It’s the Wild West,” Dr Land told Sky News.
“Because anyone can do this, there is a lack of knowledge around what is legal, what’s not legal, what is okay to be injected.
“These illegal toxins could have 50 units, 5,000 units or rat poison – there could be anything in there.”
Read more from Sky News:
Kelly Osbourne pays tribute to ‘best friend’ Ozzy
Scots divided as Trump flies in for visit
Dr Land showed us messages that he says he gets on a weekly basis, from sellers trying to push him cheap, unlicenced products.
They advertise “limited time offers” and cheap bundles on toxins imported from overseas. He calls them “drug dealers”.
“They are preying on the lack of knowledge among non-medical practitioners,” he says.
Consultations on how to regulate the aesthetics industry have been ongoing for years – but so far, no changes have been introduced.
The UK government now says it does plan to regulate certain procedures, but it’s not said how it will do this, or when.
“What will it take?” Nicola says. “One of the women we were with did almost die – she had to be resuscitated.”
Nicola’s beautician has stopped responding to her messages, so she says she still has no idea what the product was “or how much of it is in me”.
She doesn’t know how long her symptoms will last, but just hopes she will eventually recover.
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