The opening of three new Intensive Supervision Courts for women in West Yorkshire, Merseyside and Northumbria is welcome news. These courts aim to address issues such as trauma and addiction while supervising women in the community, rather than sending every eligible offender to prison.
But when we talk about sentencing women, I believe we need to start with a group who have committed no offence at all: their children.
During my time in two women’s prisons, I formed the opinion that perhaps half the women I encountered could have been dealt with outside prison. That’s my personal assessment, not a statistic. Many were there for relatively minor offences, and I believe electronic tagging and other carefully supervised community sentences could have worked for a considerable number of them.
I met women who had lost absolutely everything through imprisonment: their jobs, their homes, their relationships and their financial stability.
And then there are the children.
When a mother goes to prison, the consequences can fall on a child who has done nothing wrong. They may be separated from the person who cares for them, uprooted from their home, or forced to adjust to a very different family life. Their mother is the person being sentenced, but they suffer too.
This is not simply an emotional argument. Research highlighted by the Prison Reform Trust shows that maternal imprisonment can disrupt children’s housing, education, health and wellbeing. Children affected by parental imprisonment may face increased risks later in life, including involvement with the criminal justice system. That is a risk, not a destiny. These children deserve support, not stigma.
Surely one of our aims should be to break that cycle before it begins.
Electronic tagging isn’t the soft option some people imagine. Depending on the terms of an order, it can mean being confined to home outside working hours, with no spontaneous nights away, no holidays, and real difficulty travelling to see a sick relative. Exceptions may be possible with permission, but the restrictions are serious.
The important difference is that, where suitable and safe, a woman may still be able to work, pay her bills, remain in her home and care for her children. She is being punished, but her entire life need not be dismantled.
I am not suggesting that having children should provide immunity from prison. Some offences and risks clearly require custody. Public safety matters, and so does accountability.
But if a woman has committed a relatively minor offence, poses a manageable risk and could be punished effectively in the community, why would we not consider the effect of imprisonment on her children as a central part of the decision?
A child’s wellbeing should not be an afterthought.
The new women’s courts offer an opportunity to think differently about punishment, rehabilitation and what it means to protect the public in the long term.
Because when a mother goes to prison, her children can pay a price too. And they never committed a crime.
Lou Myx Author of Crime Doesn’t Pay
Original announcement: Ministry of Justice, 15 October 2026, “New courts in the north to help women break the cycle of reoffending”
www.gov.uk/government/news/new-courts-in-the-north-to-help-women-break-the-cycle-of-reoffending
Further reading: Prison Reform Trust, “What about me? The impact on children when mothers are involved in the criminal justice system”
prisonreformtrust.org.uk/publication/what-about-me-the-impact-on-children-when-mothers-are-involved-in-the-criminal-justice-system/