Sentencing women—why it’s time to take a different tack

• 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 or