header-logo header-logo

24 May 2024 / Zoë Chapman
Issue: 8072 / Categories: Features , Procedure & practice , Criminal , Human rights
printer mail-detail

Pregnant behind bars

174023
Steps have been taken to regulate the imprisonment of pregnant offenders, but do they go far enough, asks Zoë Chapman
  • Recent deaths of babies born in custody have sparked calls to further limit or prohibit the incarceration of pregnant offenders.
  • As of 1 April this year, most offence-specific sentencing guidelines include a dedicated mitigating factor: ‘pregnancy, childbirth and post-natal care’. But this may not be enough to protect the rights and safety of pregnant and post-natal offenders.

Rianna Cleary, aged 18, gave birth to her daughter alone in her cell at HMP Bronzefield. She had made two calls to prison staff for help, but these had gone unanswered. Later, a prison officer who shone a torch into her cell, where she was on her hands and knees in labour, simply continued on their rounds without stopping to help or raising the alarm. Once she had delivered her baby, Ms Cleary was forced to cut the umbilical cord by biting it off. In the morning, the baby, Aisha, was found dead in her arms. The subsequent inquest found that she might have survived

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll