Recognising the harms: the Sentencing Council’s mitigating factor relating to pregnancy, child birth and the post-natal period

The case of R v Bassaragh in January 2024 saw the Court of Appeal quash the prison sentence of a heavily pregnant woman so that she could give birth safely. Subsequently the mitigating factor ‘Pregnancy Childbirth and Post-Natal Care’ came into effect on 1^st April 2024 and which now requires the court to consider additional factors when sentencing a pregnant woman. The Women’s Justice Board will further explore alternatives to imprisonment for such women. What Bassaragh and subsequent cases make clear is that pregnancy alone will not amount to exceptional circumstances so as to avoid custody. A finding of exceptional circumstances can follow from consideration of one single ‘striking factor’ or a number of factors in relation to all of...

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