Under new court rules, judges will consider reduced sentences for pregnant women and new mothers convicted of most types of crimes.

The Sentencing Commission has announced that “pregnancy, childbirth and postpartum care” will be introduced as new mitigating factors in England and Wales.

Officials said this would allow judges to consider the impact of sentences on women who are about to give birth or have given birth within the past 12 months.

Mitigating factors can reduce the severity of a sentence and are included in all offense-specific sentencing guidelines. These may include offenders who show remorse or are younger.

The restructuring will replace the existing reference in the guidance to pregnancy when the offender is the “sole or main carer of a dependent relative”, which urges courts to consider any impact on a pregnant defendant’s health and unborn child during sentencing.

The change will apply to “the sentencing guidelines for most specific offenses” and will come into effect in courts in England and Wales on April 1.

In its consultation, the Sentencing Commission said it was aware of several reports in recent years suggesting Concerns about maternal care and their children in jail.

Law firm Leigh Day, which is involved in the consultation, said women in prisons are seven times more likely to have stillbirths than the general population, according to data obtained through a freedom of information request sent to 11 NHS trusts serving women’s prisons in England.

It also highlights research showing pregnant women in prison are almost twice as likely to give birth prematurely, putting both mother and baby at risk.

The Sentencing Council said relevant considerations when sentencing a pregnant or postpartum defendant may include their medical and mental health needs, the impact of the sentence on their physical and mental health and the impact of the sentence on their children.

In its report, the commission said the impact of detention on pregnant or postpartum offenders “could be harmful to them and their children”, “including separation”.

It notes that access to prison maternal and child cells is not automatic and that access to medical assistance or specialist obstetric services may be difficult.

read more:
Should pregnant women avoid jail time?
Expected surge in female prison numbers ‘incredible’

Janey Starling, co-director of Level Up, an organization that aims to end the incarceration of pregnant women, welcomed the change.

She said it would “ultimately force the courts to recognize the devastating impact of incarceration on pregnant women, babies and mothers”.

“Prison will never be a safe place to get pregnant and several other countries do not send pregnant women to prison. This new mitigating factor means England is finally catching up,” she added.