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ARTICLE · 08 SEPTEMBER 2021

Pregnancy, children, and prisons

Pregnant women and mothers of infant children should remain in our community while serving a sentence, whenever possible.

AustraliaCriminal Law

Pregnant women and mothers of infant children who are being sentenced for criminal offences pose a particularly challenging and emotive set of factual circumstances.

There are any number of reasons why women may be sentenced for criminal offences during this period of their lives. It is widely acknowledged women who commit offences have previously been victims themselves. There may be reasons relevant to a woman's personal history, present circumstances, and health that are casually related to the commission of the offences. The timing and any extended delay of the sentencing hearing is likely to have been outside of their control.

It is highly desirable to obtain a non-custodial sentence for women in these circumstances.

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