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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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