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24 May 2024
Issue: 8072 / Categories: Legal News , Procedure & practice , Criminal , Human rights
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NLJ this week: Imprisoned while pregnant & the urgent need for reform

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Recent shocking instances of babies dying in prison have shone a light on the terrible conditions endured by pregnant and post-natal offenders in custody

In this week’s NLJ, Zoë Chapman, Red Lion Chambers, relates the terrifying case of Rianna Cleary, aged 18, who gave birth to her daughter alone in her cell in HMP Bronzefield. Her calls for help went unanswered and her baby died. This harrowing incident, and others, have increased calls to end the imprisonment of pregnant offenders.

Chapman writes: ‘As of 1 April 2024, the majority of offence-specific sentencing guidelines include a dedicated mitigating factor: “pregnancy, childbirth and post-natal care”. The question is, does this go far enough to protect the rights of pregnant and post-natal offenders?’

Chapman reviews the issues, highlights the lack of available statistics, and makes a compelling case for a more proportionate and caring approach to pregnant and post-natal offenders.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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