header-logo header-logo

16 May 2021
Issue: 7933 / Categories: Legal News , Criminal
printer mail-detail

Judges must consider interests of child when sending mothers to prison

MPs and peers have called for a statutory duty on judges to consider the interests of the child when sentencing mothers

The Joint Committee on Human Rights tabled five new clauses to the Police, Crime, Sentencing and Courts Bill last week, in its report, ‘Children of mothers in prison and the right to family life: The Police, Crime, Sentencing and Courts Bill’.

The new clauses would require judges to consider pre-sentence reports including information about any children concerned before sentencing a mother. Judges would be required to take into account the best interests of the child, consider the impact on a child of a custodial sentence, and consider the impact on a child of not granting bail.

There would also be a requirement on the Home Secretary to gather and publish data on how many children are born in prison and how many children are separated from their mother in prison.

The committee criticised the failure of government to capture basic data about primary carers in prison and their dependent children as a ‘blatant disregard’ for the rights of the child and their parents’ right to family life. It had called on the government repeatedly to collect this data yet the government did not have it.

Harriet Harman MP, chair of the committee, said: ‘A young child’s separation from its mother when she’s sent to prison risks lifelong damage to that crucial relationship.

‘Yet, too often, the child is invisible in the court process. This must change. Most mothers who are in prison have committed non-violent crimes. And it’s appalling that there’s so little concern for children that the government doesn’t even know how many children are suffering separation from their mother by imprisonment.

‘There will be much backing from MPs from all parties for these law changes proposed by the Joint Committee on Human Rights.’

The committee highlighted that, when a parent with a dependent child is sentenced, the Art 8 rights of both parent and child is engaged therefore the court should ensure the child’s right to a family life is interfered with to the extent that is both necessary and proportionate. The committee said it failed to see how the bets interests of the child were being sufficiently considered if they were not prioritised when a parent was sentenced.

Issue: 7933 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll