Crime

Pregnant offenders in Wales may avoid jail under new sentencing guidance

Published

9 months ago

March 9, 2025

PREGNANT women in Wales should only be jailed if it is “unavoidable,” according to new sentencing guidance introduced by the Sentencing Council.

The changes, which come into effect on 1 April, also apply to mothers in England and those of children under one year old. The council’s move has been welcomed by campaigners who have long argued that prison is an unsafe and inappropriate environment for pregnant women and new mothers.

Official figures reveal that between April 2023 and March 2024, there were 215 pregnant women in prisons. During the same period, 53 babies were born to mothers in custody, with all but one of these births occurring in hospitals.

The new guidelines urge courts to “avoid the possibility of an offender navigating the risks associated with pregnancy, birth and the postnatal period in custody unless the imposition of a custodial sentence is unavoidable.” Pregnancy is now also listed as a factor that could justify suspending a sentence.

The Sentencing Council said the guidance includes “significant new areas,” including specific sections on sentencing young adult offenders, female offenders, mothers, and pregnant or postnatal offenders. Even for offences that usually carry a mandatory prison term, courts now have greater discretion to impose alternative sentences if the offender is pregnant or has a young baby.

Janey Starling, from the campaign group Level Up, described the changes as a “huge milestone” in the effort to stop pregnant women and mothers of infants being jailed. “This guidance is a landmark step forward in our campaign and paves the way for future sentencing reforms,” she said.

Concerns over the treatment of pregnant women in prison have grown following high-profile cases where babies have died in custody. Rianna Cleary and Louise Powell both gave birth without medical assistance at HMP Bronzefield in 2019 and HMP Styal in 2020, respectively. The Royal College of Midwives has previously stated that “prison is no place for pregnant women” and was among several organisations that called for a review of sentencing practices.

A number of countries, including Brazil, Colombia, and Mexico, already have laws preventing the imprisonment of pregnant women.

Anna, a co-founder of the Level Up campaign who was pregnant while in prison, welcomed the new guidelines. “As someone who has lived through this experience, it gives me great hope that fewer women will have to go through what I did. This is a step in the right direction,” she said.

Campaign group No Births Behind Bars also hailed the guidelines as “a seismic change,” acknowledging the “deadly impact of prison on pregnant women and their babies.”

The Ministry of Justice has distanced itself from the independent Sentencing Council’s decision, but sources said the recently established Women’s Justice Board is working to reduce the number of vulnerable women being sent to prison.

However, another aspect of the new guidance has sparked controversy, with Justice Secretary Shabana Mahmood said to be “incandescent” over recommendations that judges should consider an offender’s ethnic background before sentencing. Magistrates and judges are now advised to seek a pre-sentence report for those from ethnic, cultural, or faith minorities.

Shadow Justice Secretary Robert Jenrick slammed the move, calling it “completely outrageous” and claiming it introduces a “two-tier approach to sentencing.”

Mahmood has written to the Sentencing Council urging it to reconsider. “As someone from an ethnic minority background myself, I do not stand for any differential treatment before the law. There will never be a two-tier sentencing approach under my watch,” she said.

Crime

Jury discharged after failing to reach verdict in historic abuse trial

Published

3 hours ago

December 18, 2025

Rieve Nesbitt-Marr

CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.

Crime

Police appeal to locate 69-year-old man wanted in harassment investigation

Published

3 hours ago

December 18, 2025

Tom Sinclair

DYFED-POWYS POLICE are appealing for information to help locate a man from the Ammanford area who is wanted in connection with a harassment offence.

Alan Tait, aged 69, is being sought by officers as part of an ongoing investigation.

Police believe he may currently be in the Derbyshire area, but say he also has links to South Wales and Gwent.

Anyone with information that could assist officers in locating him is urged to contact Dyfed-Powys Police.

Crime

Man jailed after strangling partner and attacking police officer

Published

16 hours ago

December 17, 2025

Court Reporter

A MILFORD HAVEN man who strangled his partner during a violent domestic assault before attacking a police officer has been jailed for two years.

Timothy John, aged 38, of Howarth Close, Milford Haven, appeared at Swansea Crown Court after admitting a series of offences arising from an incident in October.

The court heard that John had been arguing with his partner about his drug use when the situation escalated into violence. Prosecutor Craig Jones said the defendant grabbed the woman by the throat and held her in a chokehold for around ten seconds, leaving her struggling to breathe and fearing she would lose consciousness.

During the attack, John also punched and kicked the victim before smashing a glass bong over her head. At the time, the woman was still in her underwear and managed to flee the property and run into the street to seek help.

John also damaged the victim’s mobile phone by biting the screen, rendering it unusable.

Police attended the address the following day to take a statement from the victim and discovered John hiding in a bedroom. When officers attempted to detain him, he assaulted a female police officer, knocking her glasses to the floor, before escaping from the property.

The defendant handed himself in around 24 hours later.

John pleaded guilty to intentional strangulation, assault occasioning actual bodily harm, assaulting an emergency worker, criminal damage, and escaping from lawful custody. The court was told he has five previous convictions for six offences, although none for violence.

Defending, Dan Griffiths said John accepted the relationship was over and had been using cocaine at the time of the incident, which had made him paranoid, volatile and unpredictable.

He told the court that John had previously worked as a fisherman, roofer and welder, but had struggled with alcohol and substance misuse. Mr Griffiths added that a pre-sentence report highlighted a difficult upbringing and noted a lack of insight into his offending, with concerns that he attempted to minimise his behaviour.

The defence urged the court to consider a suspended sentence to allow John to work with probation services.

Sentencing, Judge Catherine Richards said the offence involved serious strangulation and a sustained assault on an intimate partner, leaving the victim frightened in her own home.