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NLJ this week: Stop sending mothers to prison

04 April 2025
Issue: 8111 / Categories: Legal News , Criminal , Health & safety
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Imprisoning mothers has a devastating impact on more than the incarcerated. In this week’s NLJ, Rona Epstein explains the long-term effects on the mother’s children and urges the government to reconsider sentencing laws.

The Sentencing Council guideline—due to come into effect this week but accused of creating ‘two-tier’ sentencing and now suspended—would have been a step forward, Epstein writes. However, she suggests several other reforms, drawing some inspiration from jurisdictions abroad.

Epstein, an Honorary Research Fellow, Law School, Coventry University and Honorary Visiting Research Fellow at the Law School, University of York, lists the many health risks for both mother and child. She writes: ‘Sentencing a pregnant woman to prison means potentially causing her child significant developmental trauma due to separation. Evidence also shows that the additional stress that imprisoned pregnant women feel due to their environment can have a direct impact on the developing child and result in lifelong health and well-being challenges.’ 

MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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