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Concerns Raised Over Proposed Legislation Affecting Sentencing for Pregnant Women

Shabana Mahmood, the justice secretary, faces criticism for a new bill aimed at overturning recently established guidelines that emphasized the necessity for pre-sentencing reports reflecting various personal characteristics, such as age, sex, and ethnicity. Charitable organizations have expressed alarm, suggesting that the bill could inadvertently lead to a rise in the incarceration of pregnant women.

This emergency legislation was introduced in response to concerns that the Sentencing Council’s guidelines could create a perceived “two-tier” justice system. Mahmood asserted her commitment to ensuring that no individual receives differential treatment under the law. Consequently, the council decided to suspend the new guidance mere hours before it was set to take effect.

In a letter to Mahmood, 20 organizations—including the Centre for Women’s Justice, Amnesty International, and the End Violence Against Women Coalition—warned that abandoning the guidelines could have severe ramifications. These guidelines included critical advice for handling cases involving pregnant women and parents of very young children.

These organizations contended that, without the guidance, judges may fail to adequately consider the detrimental effects that custodial sentences can have on both mothers and their children. They noted that such sentences could pose significant health risks, having already resulted in the tragic deaths of infants within prison systems.

Heidi Stewart, chief executive of the British Pregnancy Advisory Service, who was among the letter’s signatories, stated, “Currently, many pregnant women are sentenced to prison each year, leading to increased risks of miscarriage and pregnancy complications. In dire situations, it can even result in the stillbirth or death of the newborn.”

Stewart further emphasized the importance of the suspended guidelines: “These proposals would have improved the treatment of pregnant women within the justice system, acknowledging that there are very few circumstances where imprisonment is justifiable. The absence of these guidelines raises serious concerns for the health of every pregnant woman behind bars and her access to necessary healthcare.”

The letter also cited disparities in sentencing trends, particularly among minority ethnic groups, a concern highlighted in David Lammy’s 2017 review of the justice system. The organizations expressed a collective apprehension that this legislation could negatively impact efforts to ensure fair treatment for minorities and vulnerable populations in the judicial process.

“Given the gravity of the proposed changes, it is crucial that these measures undergo thorough debate and scrutiny to understand their potential unintended consequences,” they urged.

While introducing the legislation, Mahmood underscored that the previous guidelines created unacceptable disparities in treatment based on factors such as race, culture, or religion.

In contrast, Lord Justice Davis, chair of the Sentencing Council, attributed the backlash to “widespread misunderstanding,” maintaining that the guidelines were intended solely to keep judges and magistrates well-informed.

Stephanie Needleman, legal director at Justice, advocated for the expansion of pre-sentence reports rather than their reduction. “Equitable sentencing, free from bias tied to ethnicity or skin color, is crucial,” she remarked. Furthermore, she added that the current system risks causing irreversible harm to both mothers and infants. “Pre-sentence reports can assist judges in understanding the backgrounds of those appearing before them, especially those with unique health issues; this bill undermines that essential process.”

Mark Day, deputy director of the Prison Reform Trust, described the proposed legislation as “reckless and clumsy,” urging politicians to prioritize the lives of real individuals involved in these matters. “They need to alleviate the tensions surrounding this debate before making irreversible impacts on people’s lives,” he commented.

A spokesperson from the Ministry of Justice defended the government’s stance, stating: “We support the use of pre-sentence reports; however, the Sentencing Council’s guidelines risk introducing differential treatment under the law. This legislation will not impede the current case law or prevent courts from requesting pre-sentence reports, even for pregnant individuals or those from ethnic minorities. Our commitment to addressing disparities in the criminal justice system is reflected in initiatives like the Women’s Justice Board, aimed at decreasing the number of women incarcerated.”

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www.theguardian.com