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04 April 2025 / Rona Epstein
Issue: 8111 / Categories: Features , Criminal , Rule of law , Health & safety
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Sentencing women—why it’s time to take a different tack

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A prison sentence is devastating for mother & child, writes Rona Epstein
  • The Sentencing Council has issued new guidelines for sentencing pregnant women and mothers of young children.
  • The guidelines would advise courts to protect pregnant women from custody—pre-sentence reports are needed before sentencing a pregnant woman.

On 5 March 2025, the Sentencing Council announced far-reaching reforms of the sentencing regime regarding pregnant women and mothers of young children. The new guidance, ‘Imposition of community and custodial sentences’, had been due to come into force on 1 April 2025, but it has now been suspended, following an intervention by the Justice Secretary. Progressive reform is still possible, we wait to see what ensues.

The new guidance

Had it come into force, the guidance would have included the following direction for sentencers:

  • Sentencing should not go ahead without a comprehensive pre-sentence report. The court should normally adjourn the case for a pre-sentence report before sentencing a mother with dependent children or a pregnant
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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