Pregnant woman’s mandatory minimum jail sentence quashed by Court of Appeal. Pippa Woodrow Acts.

Last week, in a 'landmark' UK ruling, the court of appeal quashed the prison sentence of a heavily pregnant woman so that she can give birth safely. The woman, 22, is almost eight months pregnant and has been diagnosed with potentially life threatening pre-eclampsia, which affects the mother’s blood vessels and the baby’s blood supply.

The woman had previously sentenced to five years imprisonment for possession of a firearm and ammunition, and was therefore due serve two and a half years in prison. She was unaware of her pregnancy at her sentencing hearing and only discovered she was to become a mother when she was given a routine pregnancy test on arrival in prison later that same day. 

An appeal was subsequently lodged, out of time, on the basis that fresh evidence of her pregnancy, taken together with the other circumstances of the case as a whole, gave rise to “exceptional circumstances” justifying departure from the mandatory minimum sentencing provisions relating to firearms. The Court heard evidence of the grave risks that faced mother and baby were she to continue her pregnancy in a closed prison. 

The Judges agreed that the case was “quite exceptional”.  They granted an extension of time to appeal of 6 months and quashed the sentence of five years immediate imprisonment. They replaced the sentence with a two-year suspended sentence with a rehabilitation requirement which allowed for immediate release. 

This is the first case in which the Court of Appeal have considered the relevance an impact of pregnancy in the context of mandatory minimum sentences for firearm offences. It is a welcome development and confirmation that pregnancy and the risks inherent in imprisoning pregnant women can be an important factor justifying to a finding of “exceptional circumstances”. 

Pippa Woodrow of Doughty Street Chambers acted for the woman, instructed by Michela Carini of Bhatt Murphy Solicitors.