To ask the Secretary of State for Justice, if he will make it his policy to delay the start of a custodial sentence for pregnant women and new mothers until a place in a mother and baby unit has been made available to them.

Sentencing decisions are for the independent judiciary following relevant sentencing guidelines produced by the Sentencing Council.

In line with the sentencing guideline on the Imposition of Community and Custodial Sentences, the courts may choose to suspend a custodial sentence where there is strong personal mitigation or where immediate custody would result in significant harmful impact upon others. The expanded explanations produced by the Sentencing Council, which came into force on 1 October, provide further guidance on mitigation where an offender is pregnant.

Emergency Admissions Boards can be held to expedite a woman’s placement on a mother and baby unit, and there are a range of circumstances when these can be appropriate. Pregnant women receiving custodial sentences are also provided access to a number of supportive provisions reflective of that which is available in the community, including: being provided with the local NHS Pregnancy free advice line number; fortnightly multi-disciplinary Maternity Boards for all pregnant women; local mid-midwifery services; and appropriate Social Services support, including for pregnant women who refuse to engage with ante-natal services.

In recent weeks, an additional safeguard of hourly welfare observations during the night has been put in place by the Director of the Women’s Estate, for women who are post 28 weeks pregnant.