Sentencing Guidelines (Pre-sentence Reports) Bill

Allison Gardner Excerpts

2nd reading
Tuesday 22nd April 2025 Commons Chamber

[Dr Allison Gardner (Stoke-on-Trent South) (Lab)]

While I acknowledge that the updated Sentencing Council guidelines attempted to address inequalities in the criminal justice system, we must maintain the principle of equality before the law. As such, I support this Bill. I note, however, that the Bill does not prevent the Sentencing Council from issuing guidelines advising the courts to consider an offender’s personal circumstances when deciding whether to request a pre-sentence report, particularly when those circumstances are uniquely linked to their personal characteristics.

Pre-sentence reports are desirable when the defendant is a vulnerable woman who has committed a less serious crime—for instance, when they are pregnant or post-natal, the primary carer for dependent children, or a victim of domestic abuse or exploitation. Of course, those issues are often compounded when we consider intersectionalities, such as those experienced by black women. So many women in the criminal justice system are vulnerable: nearly two thirds are victims of domestic abuse, a similar percentage have children, and many have experienced adverse childhood experiences and trauma. Those vulnerability factors make it critical that personal circumstances affecting female offenders are given consideration in pre-sentence reporting.

Women in custody have complex health needs, which can increase the risks associated with pregnancy for mothers and their children. Babies born in prison are twice as likely to be born premature and seven times more likely to be stillborn. These are not just numbers; they affect real people, women who are already experiencing trauma and babies entering the world in incredibly difficult circumstances. Consideration of pregnancy and the associated risks to mothers, their unborn children and their newborn babies is therefore critical in determining appropriate sentencing. Custodial sentences can often do more harm than good, both to pregnant women and to their children. Women are far less likely on average to commit violent or sexual offences, and are far more likely to be charged with petty crime, non-violent crime and theft. In those cases, community sentences may be preferred, so long as the offender does not present a risk to wider society.

In April 2024, the Sentencing Council introduced a new mitigating factor—pregnancy, childbirth and post-natal care—in sentencing guidelines to consider the impact of custody on pregnant offenders and their dependants. This factor recognises that when the impact on offenders’ dependants would be disproportionate to the aims of custodial sentencing, imprisonment should not be imposed. Specifically, it relates to whether the risk posed to women and their dependants outweighs the risk associated with their crime, in order to determine a fair sentence for all—both for wider society, and for the offender and her children. It is critical that the justice system strikes the right balance when determining sentencing, and a pre-sentence report can inform this. As such, I am particularly glad that this Bill does not affect Court of Appeal case law on when pre-sentence reports are necessary or desirable in cases concerning women who are pregnant, are victims of domestic abuse, or have recently given birth.

I believe that many of the issues raised today speak to a wider issue pertaining to women’s experiences in the justice and sentencing system more broadly. Ensuring access to pre-sentence reports helps courts to make informed, fair and just decisions, and for women in vulnerable circumstances, that can make all the difference.