{"id":3554,"date":"2026-01-21T12:30:16","date_gmt":"2026-01-21T12:30:16","guid":{"rendered":"https:\/\/mmuperu.co.uk\/bjcj\/?page_id=3554"},"modified":"2026-01-28T13:19:20","modified_gmt":"2026-01-28T13:19:20","slug":"1001-days-in-the-cjs-birth-companions-response-to-the-independent-sentencing-review-and-sentencing-bill","status":"publish","type":"page","link":"https:\/\/mmuperu.co.uk\/bjcj\/1001-days-in-the-cjs-birth-companions-response-to-the-independent-sentencing-review-and-sentencing-bill\/","title":{"rendered":"1001 days in the CJS: Birth Companions\u2019 Response to the Independent Sentencing Review and Sentencing Bill"},"content":{"rendered":"

Kirsty Kitchen, Director of The Birth Companions Institute \u00a0<\/em><\/p>\n

Evidence shows that what happens in the first 1001 days from conception to a child\u2019s second birthday\u00a0lays\u00a0the foundations for their long-term physical and mental health and wellbeing. Yet the criminal justice system (CJS) \u2013 policing, courts,\u00a0prison\u00a0and probation \u2013 is ill-equipped to deal with this critical period in the lives of mothers and their babies. This is\u00a0<\/span>creating huge risks to women, and the life chances of their children.<\/span>\u00a0<\/span><\/p>\n

The publication of the Independent Sentencing Review, led by David Gauke, and the\u00a0subsequent\u00a0Sentencing Bill this year mark a pivotal moment in the ongoing campaign to reform the treatment of women within the CJS, and particularly pregnant women and mothers of young children.\u00a0<\/span>\u00a0<\/span><\/p>\n

These developments give cause for cautious optimism\u2026with some significant caveats and concerns.<\/span>\u00a0<\/span><\/p>\n

A welcome shift in principle<\/span><\/b>\u00a0<\/span><\/p>\n

The Independent Sentencing Review made a clear and powerful case for change. It\u00a0recognised\u00a0the disproportionate harm caused by imprisoning pregnant women and new mothers, and called for a more flexible, community-based approach to sentencing. The report explicitly\u00a0stated\u00a0that custody should be a last resort for these\u00a0women, and\u00a0recommended the expansion of suspended sentences and deferred sentencing to better accommodate their complex needs. It also centered on reducing crime, by engaging with the drivers of offending.\u00a0<\/span>\u00a0<\/span><\/p>\n

We welcomed these recommendations wholeheartedly. For years, the charity Birth Companions has advocated for sentencing reforms that\u00a0prioritise\u00a0the health, wellbeing, and familial bonds of women in the criminal justice system, and the needs of their children. The proposed extension of suspended sentence orders to three years, and the increase in deferred sentencing, are particularly significant. These changes offer women the chance to stay in their communities, engage with health and social care services,\u00a0stabilise\u00a0their lives, and remain with their children\u2014outcomes that are humane and more effective in reducing reoffending.<\/span>\u00a0<\/span><\/p>\n

The then Lord Chancellor Shabana Mahmood responded to David Gauke\u2019s report in parliament by saying \u201cI\u202fam particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future.\u201d\u00a0<\/span>\u00a0<\/span><\/p>\n

The Sentencing Bill: promise and pitfalls<\/span><\/b>\u00a0<\/span><\/p>\n

The Sentencing Bill, introduced in September, incorporates several of the Review\u2019s key recommendations. It includes a presumption against short custodial sentences (under 12 months), enhanced bail provisions for pregnant women and primary caregivers, and the\u00a0changes to suspended and deferred sentencing. These measures have the potential to significantly reduce the number of women in prison, including those on remand.<\/span>\u00a0<\/span><\/p>\n

However, as ever, the devil lies in\u00a0the detail\u00a0and in the implementation. The Bill\u2019s provisions are embedded within a complex and often contradictory sentencing framework. Without clear guidance, robust oversight, and adequate resourcing of community-based alternatives, the\u00a0reforms\u00a0risk being undermined by systemic inertia and inconsistent application.<\/span>\u00a0<\/span><\/p>\n

While the Bill rightly acknowledges the need to consider pregnancy, caregiving responsibilities, and experiences of domestic abuse in bail decisions, it does not address the practical challenges that women face when subjected to electronic monitoring or curfews\u2014particularly during late pregnancy or\u00a0labour. Nor does it provide sufficient clarity on how probation services and voluntary sector partners will be resourced and enabled to meet women\u2019s specific needs in pregnancy and early motherhood.<\/span>\u00a0<\/span><\/p>\n

Concerns over rhetoric\u00a0<\/span><\/b>\u00a0<\/span><\/p>\n

In a letter to the Ministry of Justice following the Bill\u2019s announcement, Birth Companions expressed concern over the framing and language used in official communications, which leant heavily on punitive rhetoric.\u00a0<\/span>\u00a0<\/span><\/p>\n

The use of phrases such as\u00a0\u201cbed and board in prison covered by taxpayers\u201d\u00a0in the government press release, referring to the deporting foreign national\u00a0offenders,\u00a0\u00a0reinforces\u00a0harmful narratives that have long shaped public attitudes and policy decisions around women\u2019s offending. Plans to \u2018name and shame\u2019 those doing unpaid work as part of a community order through being photographed and named in the press create significant safeguarding risks to those serving sentences and their families.\u00a0<\/span>\u00a0<\/span><\/p>\n

It was deeply disappointing to see no mention of the government\u2019s approach to women in the CJS in the\u00a0public announcement of the\u00a0Bill. This omission, combined with emphasis on punishment, is harmful to the public\u2019s understanding of the distinctive nature of women\u2019s\u00a0criminalisation.\u00a0Instead\u00a0it\u00a0centres\u00a0discourse on stigma and\u00a0shame, and\u00a0fails to\u00a0engage with the structural drivers of women\u2019s offending, which are overwhelmingly linked to poverty, trauma, and abuse. The announcement\u2019s focus on deporting foreign offenders\u00a0failed to\u00a0acknowledge the specific vulnerabilities of foreign national women, many of whom may be victims of trafficking or coercive control.\u00a0<\/span>\u00a0<\/span><\/p>\n

We have urged the government to adopt a more thoughtful and evidence-based approach to public communication around the Bill moving forward, to build understanding and support for reform rather than\u00a0fuelling\u00a0fear and division.<\/span>\u00a0<\/span><\/p>\n

Implementation: the critical next step<\/span><\/b>\u00a0<\/span><\/p>\n

The potential benefits of the Sentencing Bill will only be\u00a0realised\u00a0if its provisions are implemented with care, consistency, and a deep understanding of\u00a0women\u2019s\u00a0lived experiences. This will require a coordinated effort across the criminal justice system, led by the Women\u2019s Justice Board and supported by cross-governmental delivery groups.<\/span>\u00a0<\/span><\/p>\n

Key to this effort will be the role of women\u2019s\u00a0centres\u00a0and specialist organisations. These services must be sustainably funded and empowered to provide support that addresses the root causes of offending with a prevention focus. They must also be able to work closely with a trauma-informed policing and probation system that\u00a0recognises\u00a0and responds to the needs of women, including pregnant women and mothers. Without this, even the most progressive sentencing options will fall short.<\/span>\u00a0<\/span><\/p>\n

In our campaign \u20181001 days in the CJS\u2019, the Birth Companions Institute is calling for significant changes to policy and practice across the system, including:<\/span>\u00a0<\/span><\/p>\n