The Application of the Bangkok Rules though Law and Court Practice: The Sentencing of Pregnant Women and Mothers of Dependent Children in England and Wales (PID102)

2pm – 2.30pm EST, 20 February 2025 ‐ 30 mins

Parallel Workshops

When the Bangkok Rules Resolution was passed in December 2010 there was no specific provision for the sentencing of mothers or pregnant women in England and Wales (one of three legal jurisdictions within the United Kingdom). Since 2011, case law, sentencing guidelines and alternative sanctions, including women-specific ‘problem solving’ courts, have been developed which, in accordance with Rule 64, recognise that non-custodial measures should be preferred for pregnant women or women with dependent children. They are testimony to the law's dynamic capabilities. 
By reflecting on the process which has created a sentencing framework which recognises the impact of maternal incarceration on children, and the harms of imprisonment to pregnant women, we can identify pathways to improved application of the Bangkok Rules in courts and legal processes.
The story of sentencing development in England and Wales has international relevance; it examines the gendered nature of legal proceedings and punishment, and demonstrates why the full implementation of the Bangkok Rules remains a critical endeavour.