26/01/2026
Chris English
As of January 2026, significant amendments to the UK’s Sentencing Act have introduced stronger legal protections for pregnant women and primary carers within the criminal justice system. Central to these reforms is an amendment to the Bail Act 1976, which now places a clear legal duty on courts to consider pregnancy and primary carer status when making decisions on bail or remand.
Previously, many pregnant women and mothers were remanded into custody while awaiting trial, often without sufficient consideration of the impact on their health or on dependent children. The new provisions aim to address this issue by ensuring that courts formally assess the potential consequences of imprisonment on both the defendant and their dependents before refusing bail.
A key practical change is the enhanced role of the Bail Information Report. Relevant details about a defendant’s pregnancy or caregiving responsibilities must now be included, ensuring that judges have access to comprehensive and accurate information at the point of decision-making. This is intended to reduce unnecessary custodial remand and promote fairer outcomes.
These bail reforms align with wider changes in sentencing policy. Updated Sentencing Council guidelines from April 2024 and 2025 emphasise that pregnancy should be treated as a mitigating factor, stating that pregnant women should not be imprisoned unless absolutely unavoidable. Together, these measures reflect a broader shift toward community-based alternatives to custody.
The leading campaigners for this amendment were Level Up UK – A gender justice organisation.
Overall, the amendments represent a move toward a more proportionate and humane justice system, recognising the unique vulnerabilities of pregnant women and the importance of maintaining family and community ties wherever possible.