Contact with the criminal justice system

Contact with the criminal justice system

Parental involvement in the criminal justice system is closely linked to poor mental health. For example, it has been estimated that between 70 to 80% of pregnant women in prison have depression (127).

Figure 26: The impact of parental involvement in the criminal justice system. Adapted from: All babies count: Spotlight on the criminal justice system  

Local population

A small proportion of people in contact with the criminal justice system are new or expectant parents. There is a mother and baby unit (MBU) in HMP Peterborough that can hold up to 12 mothers and 13 babies at any one time.

Risk factors for poor mental health 

  • New parents in contact with the criminal justice system are likely to have complex needs (128). For example, around half of women in prison report having experienced domestic violence (129). Many face overlapping issues of relating to physical and mental ill-health, housing, abuse and unemployment (130).
  • Women in prison are 5 times more likely to experience a stillbirth and 2 times as likely to give birth to a premature baby that requires special care, compared to women in the general population (131).

 

Access

Barriers to engagement with services for women in contact with the criminal justice system include fears that social services involvement will lead to separation from their children; particularly for those who have had their own negative experiences of the social care system (130). Pregnant prisoners are also more likely to miss key maternity appointments than those in the general population (132).

Figure 27: National rates of missed perinatal appointments in the prison population and general population. Data source: (132)

Experience

A focus group carried out in 2021 with 6 women residing in the MBU at HMP Peterborough reported the following experiences (62):

Figure 28: Findings from focus group with women residing at the MBU at HMP Peterborough in 2021. Adapted from: (62)

A national survey of professionals who had worked with pregnant women and new mothers in contact with the criminal justice system found that (130):

  • 92% felt that working with women who are pregnant or new mothers presents an opportunity to facilitate positive changes in their lives.
  • Only half (48%) felt that probation services took ‘sufficient account’ for the needs of pregnant women and new mothers.
  • Effective partnership across criminal justice, health and social care systems was identified as the most important factor for service improvement.

References 

62. Philips L. Cambridgeshire and Peterborough Local Maternity & Neonatal System Equity and Equality Analysis [Internet]. 2022 [cited 2023 Mar 10]. Available from: https://www.cpics.org.uk/children-and-maternity
127. Baldwin A, Sobolewska A, Capper T. Pregnant in prison: An integrative literature review. Women and Birth. 2020;33(1).
128. Clinks, Birth Companions. A window of opportunity: Understanding the needs and experiences of pregnant women and new mothers in contact with the criminal justice system in the community in England [Internet]. 2021 [cited 2023 Feb 9]. Available from: https://hubble-live-assets.s3.amazonaws.com/birth-companions/file_asset/file/15/A_window_of_opportunity_Clinks_and_Birth_Companions_FINAL_2021.pdf
129. Royal College of Obstetricians and Gynaecologists. RCOG Position Statement: Maternity care for women in prison in England and Wales [Internet]. 2021 [cited 2023 Feb 16]. Available from: https://www.rcog.org.uk/media/wwhogsk5/rcog-maternity-care-and-the-prison-system-position-statement-sept-2021.pdf
130. Clinks, Birth Companions. A window of opportunity: Understanding the needs and experiences of pregnant women and new mothers in contact with the criminal justice system in the community in England [Internet]. 2021 [cited 2023 Feb 20]. Available from: https://hubble-live-assets.s3.amazonaws.com/birth-companions/file_asset/file/15/A_window_of_opportunity_Clinks_and_Birth_Companions_FINAL_2021.pdf
131. Murray N, Summers H. Jailed women in UK five times more likely to suffer stillbirths, data shows [Internet]. The Observer. 2021 [cited 2023 Mar 6]. Available from: https://www.theguardian.com/society/2021/dec/05/jailed-women-in-uk-five-times-more-likely-to-suffer-stillbirths-data-shows
132. Davies M, Rolewicz L, Schlepper L, Fagunwa F. Locked out? Prisoners’ use of hospital care [Internet]. 2020 [cited 2023 Feb 16]. Available from: https://www.nuffieldtrust.org.uk/files/2021-03/1614850952_prisoners-use-of-hospital-services-main-report.pdf