Prison will never be a safe place to be pregnant. In the last five years, two babies born inside prison have died. Even if the worst doesn’t happen, prison causes toxic stress and trauma to both mother and child. Short sentences can have a long-lasting, lifelong negative impact, with many mums and babies being separated by the prison system.

The government can and must put an end to imprisoning pregnant women and new mothers by changing bail and sentencing laws.

Why is this important?

Prison will never be a safe place for pregnant women and new mothers. Pregnant women in prison are seven times more likely to suffer a stillbirth than women in the community, and twice as likely to give birth prematurely. One in ten pregnant women give birth in their cell or on the way to hospital. 

Toxic stress during a mother’s pregnancy affects her baby’s development. Prisons are extremely stressful places that negatively impact your mental and physical health – and if you’re pregnant, the impact on you and your child is long-lasting.

The majority of women enter prison for sentences of six months or less – which is enough time to lose your home, job and be totally cut off from your family and support networks. When a woman is supported in her community, she is able to tackle the issues that swept her up into crime in the first place. In her community, she’s able to get support to give her child the best start in life, including easy access to antenatal and postnatal healthcare. All evidence shows that pregnant women and mothers should be kept in the community – but without public pressure, the system is slow to change. 

Level Up’s campaign has already secured some changes to sentencing. Thanks to our lobbying, the Sentencing Council introduced a new mitigating factor for pregnancy in April 2024, which means that courts have to consider the impact of prison on a woman, her pregnancy, and her baby when deciding whether or not to send her to prison. However, this doesn’t go far enough: the government must act too.