Herts Uni researcher instrumental in new pregnancy mitigating factor at sentencing
Pregnancy and maternity were added to a list of mitigating factors by the Sentencing Council
A researcher and lecturer at the University of Hertfordshire has been instrumental in the introduction of pregnancy and maternity as a mitigating factor for sentencing offenders.
The new mitigating factor was added yesterday (March 18) by the Sentencing Council to a list of factors to be considered by a judge during a sentencing.
The change will allow judges to consider the impact of sentences on pregnant or postnatal offenders, which had, so far, been set as a guidance under the 'Sole or primary carer' mitigating factor.
"...there have been tragic baby deaths in the last few years, so to have pregnancy as a mitigating factor means that her midwifery care will be met in the community rather than in a prison setting."
Charities, campaign groups and researchers had been working on a research report on equality and diversity, led by the University of Hertfordshire, to recommend a change to the Sentencing Council, which was considered and approved during council's annual consultation on miscellaneous amendments to guidelines.
Dr Laura Abbott, Midwifery Professor at the University of Hertfordshire, and lead researcher in the report, said: "We know that there have been tragic baby deaths in the last few years, so to have pregnancy as a mitigating factor means that her midwifery care will be met in the community rather than in a prison setting."
"If a woman goes to prison pregnant she has a higher chance of having a stillborn baby, she has a higher chance of going into premature labour."
"...it's not fair on the prison staff to be having to work in those situations either, so it's good news from that perspective."
"There's many things that can impact her health and the health of her new born baby."
Although the mitigating factor will consider the health and implications for the pregnant defendant and her baby, Dr Abbott believes the change to bring a positive change on the expectations and work of prison staff.
She said: "Labour is unpredictable, so sometimes it can happen quite fast, and also from a staff perspective it's not fair on the prison staff to be having to work in those situations either, so it's good news from that perspective."
A change will come into effect on April 1 for courts across England and Wales.