Sentencing of pregnant women: evidence gathering

Level Up is gathering evidence among legal professionals on the effectiveness of existing guidelines on the sentencing of pregnant women, ahead of the Sentencing Council's upcoming consultation.

If you are working in criminal law, your experience and opinions are impactful at this critical moment.

The survey should take no longer than ten minutes to complete and all responses will be kept anonymous.

1. Are you currently working in law?(Required)

Yes

2. What is your job?(Required)

Barrister

Solicitor

Paralegal

3. We are seeking to compile examples of sentencing remarks in cases involving pregnant women. Would you be willing to assist us – either by providing a note of remarks in case(s) you have been involved in, or by providing details to enable us to seek transcripts? If so, please provide your email so that we can contact you to seek your assistance:

Questions for court advocates: Sentencing

4. Have you represented a pregnant client for whom a custodial sentence was being considered?

Yes

4a. If yes, was your client’s pregnancy taken into account by the sentencing court? If so, to what extent was this reflected in the sentence imposed?

Please provide relevant details for each case if you have represented more than one such client.

5. Have you represented a client who was a primary caring mother of a dependent child (or children) under the age of 18, for whom a custodial sentence was being considered?

Yes

5a. If yes, were your client’s caring responsibilities taken into account by the sentencing court? If so, to what extent was this reflected in the sentence imposed?

Please provide relevant details for each case if you have represented more than one such client.

6. In your experience, who has brought the pregnancy or dependents to the attention of the court and/or raised the issue as being relevant to sentencing?

Tick as many as apply

Defence representatives

Prosecution representatives

The defendant

Probation

The sentencing bench or judge

7. In each case where you have represented a pregnant woman or mother of a child under 18 was there a written pre-sentence report?

Yes

8. In each case where you have represented a pregnant woman was there any further information or evidence provided to the court regarding the risks of incarceration in pregnancy (either specifically or generally)?

Yes

8a. If yes, please indicate what type of material was provided

9. Did the sentencer refer to the relevant Sentencing Guidelines - sole or primary carer for dependent relatives and the expanded explanation as set out in the General Guideline: Overarching Principles (2019)?

Yes

10. Did the lawyers and/or sentencer refer to any relevant case law?

Yes

10a. Please detail the case law referenced

Questions for court advocates: Bail

11. Have you represented a pregnant client in a bail application?

Yes

11a. If yes, was your client’s pregnancy adequately taken into consideration by the court when deciding whether or not to grant bail? If so, how was this reflected?

Please provide detail on each case if you have represented more than one

12. Have you represented a client who was a primary caring mother of dependent children under the age of 18, in a bail application?

Yes

12a. If yes, were your client’s caring responsibilities adequately taken into consideration by the court? If so, how was this reflected?

Please provide detail on each case if you have represented more than one

13. In each case where you have represented a pregnant woman in an application for bail, was there any further information or evidence provided to the court regarding the risks of incarceration in pregnancy (either specifically or generally)?

Yes

13a. If yes, please indicate what type of material was provided.

14. Have you represented a pregnant client or client who was a primary carer who was remanded, and then either:

Tick all that apply

Acquitted at trial

Received a non-custodial sentence

Impact of prison on pregnancy

15. As far as you know, has a client’s pregnancy been unfairly or excessively impacted by a remand or sentencing decision?

Yes

15a. If you answered yes, please provide as much detail as possible for each relevant case.

16. Do you think more needs to be done to consider the impact of a sentence on a pregnant woman, her pregnancy or infant?

Yes

Don't know

16a. Please expand on your answer above:

General questions

17. Do you consider that existing guidelines from the Sentencing Council deal adequately with the specific issue of sentencing of (a) pregnant women and (b) primary carers?

We would be grateful for reasons.

18. When dealing with sentencing of pregnant women and/or primary carers have you referred to particular case-law on this issue? If not, we would be grateful for reasons – including whether you feel there are any relevant authorities?

19. Do you have any other observations on the sentencing of pregnant people and primary carers?

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Questions for court advocates: Sentencing

Questions for court advocates: Bail

Impact of prison on pregnancy

General questions

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