Offenders: Pregnant Women

Baroness Hussein-Ece Excerpts

Wednesday 17th November 2021 Lords Chamber

Asked by

[Baroness Hussein-Ece]

To ask Her Majesty’s Government, further to the Prisons and Probation Ombudsman’s Independent investigation into the death of Baby A at HMP Bronzefield on 27 September 2019, published on 22 September, what assessment they have made of (1) their policies, and (2) the sentencing guidelines, for pregnant women offenders.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, this was an appalling event. In consultation with health partners and contracted providers, we have taken a range of immediate and long-term actions locally and nationally to prevent it happening again, including a new policy on pregnancy in women’s prisons. Remand and sentencing decisions are matters for the independent judiciary. We are taking steps to ensure that courts have relevant information, including on pregnancy where known, and we are investing in alternatives to custody.

[Baroness Hussein-Ece (LD)]

I thank the Minister for the positive response the Government have given to the ombudsman’s report on this shocking case, in which a troubled teenager who was on a local authority at-risk register and on remand was left to give birth on her own in a prison cell, where the baby tragically died. Sadly, we learn that this was not an isolated incident, but we do not know the extent. So why does the Prison Service not release comprehensive data on miscarriages, stillbirths and baby deaths?

The ombudsman’s report said:

“We consider that all pregnancies in prison should be treated as high risk by virtue of the fact that the woman is locked behind a door for a significant amount of time.”


In light of this, can the Minister tell me whether the Government will use persuasion and statutory force to ensure that the welfare of unborn babies and children must be a primary consideration for the courts when making bail and sentencing decisions?

[Lord Wolfson of Tredegar (Con)]

I will pick up on that last point first. We are seeking to ensure that courts have all relevant information when making bail and sentencing decisions. The default is that, if there is no reason to keep somebody on remand, they must be given bail unless there is a good reason why they should not have bail. When it comes to sentencing, custody is always the last alternative, and pregnancy is a mitigating factor.

As far as prisons are concerned, we have accepted all the recommendations in the ombudsman’s report. We have put a new policy in place; prisons have six months to implement it.