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Sentencing of pregnant women

and primary carers: evidence-gathering

In the last two years, two babies have died in women’s prisons after their mothers gave birth in-cell.

As a national conversation continues on whether pregnant women in the criminal justice system should be imprisoned (either on remand, recall or sentence), Level Up is gathering evidence among legal professionals on the effectiveness of existing guidelines on the sentencing of primary carers and pregnant women/people.

Please submit your evidence and experience relating to the sentencing of pregnant women and primary carers.

Sentencing of pregnant women and primary carers: evidence-gathering
Are you currently working in law?
What is your job?
In your opinion, do these guidelines specifically take into account the needs and/or circumstances of pregnant women/people, primary carers, or their children?
If you are a court advocate: as far as you know, has a client’s pregnancy, or their children, been unfairly or excessively impacted by a remand, or sentencing decision?
Would you support a specific duty on sentencers to consider the health and wellbeing of a pregnant woman/ person, and the impact of a sentence on them and/ or their unborn child?
Would you support a specific duty on sentencers to consider the impact of a sentence on the dependent children of sole or primary carers?

Questions for court advocates

Feel free to skip this section if it is not relevant to your role or experiences.
Have you represented a pregnant client for whom a custodial sentence was being considered?
If you have represented more than one client, there is space to detail several cases.
If you have represented more than one client, there is space to detail several cases.
Have you represented a client who was a primary caring mother of dependent children under the age of 18, for whom a custodial sentence was being considered?
If you have represented more than one client, there is space to detail several cases. If you have represented more than five clients who were primary carers, please continue in the free text box below.
If you have represented more than one client, there is space to detail several cases.
Have you represented a client who was a primary caring father of dependent children under the age of 18, for whom a custodial sentence was being considered?
If you have represented more than one client, there is space to detail several cases.
If you have represented more than one client, there is space to detail several cases. Please include dates where possible.
Have you represented a client who was a primary carer for, but not a parent of, dependent children under the age of 18, for whom a custodial sentence was being considered?
If you have represented more than one client, there is space to detail several cases.
If you have represented more than one client, there is space to detail several cases. Please include dates where possible.
Who brought the issue of dependents to the attention of the court?
Tick as many as apply.
Did the sentencer refer to the relevant Sentencing Guidelines - sole or primary carer for dependent relatives and the expanded explanation as set out in the General Guideline: Overarching Principles (2019)?
Did the sentencer refer to any relevant case law?

Questions for sentencers

Feel free to skip this section if it is not relevant to your role or experiences.
Is the fact that a defendant is pregnant or a primary carer relevant in every sentencing decision?
Have you represented a pregnant client in a bail application?
Have you seen the 'Safeguarding children when sentencing mothers' film?
This film is available on the Judicial College Learning Management System, the NPS intranet, Crimeline and Shona Minson's website.

Bail and remand: Questions for court advocates

Feel free to skip this section if it is not relevant to your role or experiences.
If you have represented multiple clients, feel free to expand.
Have you represented a client who was a primary caring mother of dependent children under the age of 18, in a bail application?
If you have represented multiple clients, feel free to expand.
Have you represented a client who was a primary caring father of dependent children under the age of 18 in a bail application?
If you have represented multiple clients, feel free to expand.
Have you represented a client who was a primary carer for, but not a parent of, dependent children under the age of 18, in a bail application?
If yes, were your client’s caring responsibilities adequately taken into consideration by the court?
If you have represented multiple clients, feel free to expand.
Have you represented a pregnant client or client who was a primary carer who was remanded, and then acquitted at trial?
When your clients on probation have been recalled to prison, were their responsibilities as a pregnant person or primary carer adequately taken into consideration?
Do you consent for your answers to be used anonymously for research purposes?*