Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the implications of the covid-19 outbreak for his policy on sentencing women who are (a) pregnant or (b) have babies.

Sentencing in individual cases is entirely a matter for our independent courts and sentences should not be differentiated based purely on gender. However, the law provides that sentencers should take into account the particular circumstances of an offender and this can include whether they have dependent children. Sentencing guidelines also provide for mitigation for primary carers and list the impact on others as a factor to be taken into account in considering type and severity of a sentence.

A custodial sentence should always be a last resort. The courts must not pass a custodial sentence unless they believe that the offence was so serious that neither a fine alone nor a community sentence can be justified. Therefore, courts first consider whether a fine or community sentence can be justified. In the event a custodial sentence is imposed, the law also requires that it should be for the shortest time possible, commensurate with the seriousness of the offence.

We have made information known to sentencers on the practical issues which arise in prisons as a result of the COVID-19 pandemic. We have also provided guidance to court staff on meeting diverse needs during the pandemic along as well as virtual interviewing guidance.

Based on the principle that when deciding sentence, the courts are able to take into account the likely impact of a custodial sentence in an individual case, the Court of Appeal laid out in the judgement in the case of R v Christopher Manning that judges and magistrates should keep in mind that the impact of a custodial sentence is likely to be heavier during the current emergency.

We have also e considered measures to support those already sentenced to custody. As part of those measures, pregnant women in custody and mothers and babies living in prison Mother and Baby Units made up the first tranche of prisoners to be considered for early release, in recognition of their additional vulnerabilities during the coronavirus pandemic.