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Crime

Pregnant offenders in Wales may avoid jail under new sentencing guidance

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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

Drug trafficker must repay £33,000 after court rules he made nearly £500,000

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A PEMBROKESHIRE drug trafficker jailed after a major cocaine and cannabis seizure has been ordered to repay more than £33,000.

Dean Evans, 44, returned to Swansea Crown Court for a Proceeds of Crime Act hearing after prosecutors sought to recover money made through his offending.

The court heard it had been agreed that Evans benefited from criminal conduct by £496,533.94. However, his available assets were calculated at £33,337.37.

Judge Catherine Richards made a confiscation order for that amount and gave Evans three months to pay. If he fails to do so, he faces a further year in prison.

Evans, of St Clements Park, Freystrop, is already serving an eight-year sentence after admitting possession with intent to supply cocaine and cannabis.

He was caught after Dyfed-Powys Police’s Roads Policing Unit stopped his Seat Ateca on Holyland Road, Pembroke, at around 10:25am on January 2.

Officers searched the vehicle after Evans admitted they would find “stuff” inside.

They discovered around one kilogram of cocaine in a cardboard box in the boot, together with 5.4 kilograms of cannabis in a black bin bag. The cannabis had been split into ten vacuum-sealed bags.

Swansea Crown Court was previously told the drugs had a combined potential street value of up to £185,000, made up of around £125,000 of cocaine and cannabis worth up to £60,000.

A mobile phone seized from Evans revealed what prosecutors described as a “dealer’s list”, with dozens of names and sums believed to be owed. Messages also showed Evans directing dealers below him in the supply chain.

At the original sentencing hearing, the court was told Evans had 23 previous convictions for 62 offences, including rape and robbery. His previous drug matters had related only to possession.

Sarah John, mitigating, said he had pleaded guilty at the earliest opportunity and had stayed out of trouble for a “fairly lengthy period”, with his last conviction in 2016.

Jailing Evans for eight years, Judge Paul Thomas KC said: “You are clearly a man with few criminal boundaries.

“You ensnared users and low-level drug dealers into debt, dragging them into a vicious circle of criminality.”

After sentencing, DC Phill Jones, of Pembrokeshire’s Serious Organised Crime Unit, said illegal drugs brought misery to local communities and would not be tolerated.

He said: “This sentence should serve as a stark warning to any others who are tempted into the illegal drugs trade. You will get caught and you will go to prison.”

Photo caption: Drugs seized:

Dean Evans was caught with cocaine and cannabis worth up to £185,000 in his car (Pic: Dyfed-Powys Police).

 

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Crime

Man wanted by court after failing to attend hearing over alleged shop thefts

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A MAN is wanted by the courts after failing to attend a hearing relating to a series of alleged shop thefts in Pembrokeshire.

Jack Morgan, of Pembroke, was due to appear before Haverfordwest Magistrates’ Court on Tuesday (Jun 16) but failed to attend.

The court heard that Morgan faces several allegations of shop theft from businesses in Pembrokeshire.

The charges include the alleged theft of vodka from the Co-op in Pembroke Dock, along with food and drink items including sausages, crisps and Dragon Soop from The Green Garage.

The alleged offences are said to have taken place on various dates earlier this year.

After Morgan failed to attend court, magistrates issued a warrant for his arrest without bail.

He will now be brought before the court once located by police.

Court officials heard that the matters remain before the court and no pleas have yet been entered.

 

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Crime

Shop theft admitted after alcohol stolen from Haverfordwest store

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A WOMAN has admitted shoplifting alcohol from a Haverfordwest store.

Esme Hoyle appeared before Haverfordwest Magistrates’ Court on Tuesday (Jun 16) charged with theft from a shop.

The court heard that Hoyle stole alcohol worth £17 from B&M in Haverfordwest on Sunday, April 6.

Hoyle pleaded guilty to the offence.

Magistrates sentenced Hoyle following her guilty plea and imposed financial penalties, including prosecution costs and a victim surcharge.

The court was told the offence related to a low-value retail theft from the town centre store.

Retail theft continues to place pressure on local businesses across Pembrokeshire, with stores increasingly reporting repeated incidents of shoplifting.

 

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