COPE Board member and Independent Expert Rachel Brett has recently authored a report which takes into consideration the best interests of the child in the sentencing of a parent and current international and regional standards and practice. Through this report, Best Interests of the Child when Sentencing a Parent: Some reflections on international and regional standards and practice, Rachel considers perceptions of a conflict between the rights of the child, the impartiality of the judicial system, issues of public protection and the idea that sentences should have a deterrent effect.
The report cites international standards such as those provided in the UN Convention on the Rights of the Child. In addition to the Convention, other UN Guidelines and Rules reference the importance of considering the best interests of the child when sentencing parents and primary caretakers. An additional example is that of the “Bangkok Rules”, with Rule 64 referring to a preference for non-custodial sentences for pregnant women and women with dependent children when possible.
The Council of Europe Recommendation CM/Rec(2018)5 concerning children with imprisoned parents is referenced in the report, as it outlines a Basic Principle that alternatives to detention should be used as far as possible, particularly in the case of a parent who is a primary caregiver.
This report provides an overview of key standards and practices for ensuring the best interests of a child when sentencing a parent or primary caregiver. Examples are provided from a number of countries, including, Italy, Argentina and France. Read the full report here.
The best interests of children in the sentencing of a parent is a subject that is also at the heart of research undertaken by Dr. Shona Minson, COPE member and Research Associate at the Centre for Criminology at the University of Oxford. Shona focuses specifically on the place of children in maternal sentencing decisions in England and Wales. She met with 27 different families affected by maternal imprisonment to discuss the impact this has had and interviewed members of the Crown Court judiciary to examine sentencing practice.
Addressing the Impact of Maternal Imprisonment: Developing Collaborative Training is the name of a project that developed from Shona’s doctoral research. When a parent or primary carer is imprisoned there is an impact on every aspect of a child’s life, which can lead to social difficulties and to a diminishing of life chances. Those who care for children while their parents are in prison shared that their lives were completely disrupted with this added responsibility. Key conclusions from the research imply that there is a necessity for judicial and legal education so that those representing parents of dependent children, and those sentencing parents of dependent children understand the consequences for children and caregivers when a primary carer is imprisoned.
Through the interviews with those affected by imprisonment of a primary caregiver, a number of resources were produced for all criminal justice professionals involved in sentencing decisions, to support understanding of the impact of maternal imprisonment on children. The resources include short films and briefing papers, which will be used across criminal justice professions in the England and Wales. Find more information here, including one of the short films that was produced: Safeguarding Children when Sentencing Mothers.