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04 April 2025 / Rona Epstein
Issue: 8111 / Categories: Features , Criminal , Rule of law , Health & safety
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Sentencing women—why it’s time to take a different tack

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A prison sentence is devastating for mother & child, writes Rona Epstein
  • The Sentencing Council has issued new guidelines for sentencing pregnant women and mothers of young children.
  • The guidelines would advise courts to protect pregnant women from custody—pre-sentence reports are needed before sentencing a pregnant woman.

On 5 March 2025, the Sentencing Council announced far-reaching reforms of the sentencing regime regarding pregnant women and mothers of young children. The new guidance, ‘Imposition of community and custodial sentences’, had been due to come into force on 1 April 2025, but it has now been suspended, following an intervention by the Justice Secretary. Progressive reform is still possible, we wait to see what ensues.

The new guidance

Had it come into force, the guidance would have included the following direction for sentencers:

  • Sentencing should not go ahead without a comprehensive pre-sentence report. The court should normally adjourn the case for a pre-sentence report before sentencing a mother with dependent children or a pregnant
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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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