One in three pregnant women in prison are being held on remand awaiting trial, new data obtained by the Observer can reveal.
Figures collected through a freedom of information request show that between April 2022 and March 2023, 34% of pregnant women in prisons in England and Wales for whom data was available were being detained before their trial.
The statistics from the Ministry of Justice (MoJ) come amid growing concerns that prison is not safe for pregnant women and unborn babies and renewed calls for an end to custodial sentences for expectant mothers.
Two babies have died in England’s prisons in recent years. In June 2020, a baby was stillborn at HMP Styal in Cheshire, and last week a vigil marked four years since the death of Aisha Cleary, whose 18-year-old mother was on remand when she gave birth alone in a cell at HMP Bronzefield in Ashford, Surrey, in 2019.
Rianna Cleary lost her baby after repeatedly trying to call for help by pressing her cell bell. She was found cradling her deceased infant more than 12 hours later, having bitten through the umbilical cord.
In July, an inquest found “serious failures” led to the death of Aisha, who “arrived into the world in the most harrowing of circumstances”.
At a final hearing scheduled forMonday , a senior coroner will consider whether to make any recommendations to prevent future deaths.
A prison ombudsman report published in 2021 criticised the care of Aisha’s mother and concluded “pregnancies in prison should be treated as high risk by virtue of the fact that the woman is behind a locked door for a significant amount of time”.
Between 2022 and 2023 there were 44 births to women in custody, 98% of them in a hospital. Pregnant women in English prisons are seven times more likely to suffer a stillbirth than those in the general population.
Kirsty Brimelow KC, a criminal barrister and former chair of the Criminal Bar Association, said there is widespread recognition that prisons are unsafe places for pregnant women but that the current law and guidelines – and their application – are failing to provide adequate protection for this vulnerable group.
“Newborn babies dying in prison cells is tragically Dickensian and should not be happening in a 21st-century criminal justice system,” she said.
“There should be guidelines introduced that make clear the default position is that pregnant women should not be remanded in custody. The Bail Act 1976 should be further amended to enhance the right to bail for pregnant women.
“The Crown Prosecution Service needs to introduce guidance for prosecutors so they pay particular attention to bail for pregnant defendants. Such changes aren’t complex.”
Suzy, whose real identity we are protecting, spent six months in prison on remand before being acquitted at trial. She discovered she was pregnant when she was first admitted to the prison and her lawyers tried to get her bail but it was denied.
During her time in prison, she felt constantly stressed about what would happen to her baby. She said that there was a lack of privacy and support and that she would often go hungry.
She also feels she suffered an injustice being held in prison awaiting trial. “I lost half a year at university and when I went back, I owed thousands of pounds because I didn’t complete the year. I was ordered to pay it back outside of my student loan as it’s seen as a debt.”
She added: “The practice of remanding pregnant women should be abolished. People lose their homes and jobs and the knock-on effect to our society with children not having the best start in life is awful.
As my pregnancy progressed, I became increasingly hungry but the prison officers said I wasn’t allowed more to eat. The only way I got extra food was when some of the women who were on methadone gave me their sandwiches.”
Figures published by the MoJ show there were 194 pregnant women recorded as being in prison in England and Wales between April 2022 and March 2023.
Data collected in response to a freedom of information request found that a third of prisoners are on remand in the 80% of cases where there was data available.
While 52 pregnant women were on remand, 74 had been sentenced and 25 had been recalled. The status of the remaining 43 pregnant women could not be confirmed because of different monitoring and data collection.
Janey Starling, co-director of the campaign organisation Level Up, said: “The government can and must end the imprisonment of pregnant women and new mothers. Several countries have already done this. For example, Brazil has ended the pre-trial detention of pregnant women and mothers of children up to 12 years old. England must catch up.”
Last year, the Royal College of Midwives was among signatories to an open letter asking the Sentencing Council to review sentencing practices for pregnant women.
An MoJ spokesperson said: “Remand decisions are made by independent judges who will consider pregnancy and the impact on children when deciding if remand is necessary.
“We have made significant improvements to better support pregnant women, including dedicated liaison officers, extra welfare checks and improved social services support, which will ensure pregnant prisoners get the care they need.”
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