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Contents

Acknowledgements Contents Chapter 1: Introduction Aims and Structure Part I: The Foundations Chapter 2: The invisibility of women and their children in the criminal justice system State separation of children from their parents- The family court practice- The criminal court practiceChildren of imprisoned parents: IntroductionWomen in prison in England and Wales- Women in prison 1995 -2006- Women in prison 2007 -2019 - Increasing visibility and numbersThe impacts of parental imprisonment on children Describing the Harms - The doctrine of double effect- Defendant responsibility - Collateral damage or collateral consequences- Punishment DriftReconceptualising the harms - Secondary prisonisation of children and caregivers- Secondary Stigmatisation of children and caregiversConclusion Chapter 3: Methodological Choices and Challenges Research DesignMethodological Choices- Mixed methods design- Triangulation of data - Direct engagement with childrenProcedural and Practice EthicsMethodological Challenges- Access- Power dynamics- Bias and reflexivity The research participants- Families in which child(ren) and caregivers were interviewed- Families in which only child(ren) were interviewed- Families in which only the caregiver was interviewed- Family in which the child(ren) only completed the questionnaire Part II: Explanations for the differentiated treatment of children of defendant mothers Chapter 4: Explanation 1: Children are not adversely impacted when their mother is imprisoned Introduction Overview of international research findingsUnderstanding the impactsSecondary Prisonisation- The changes children experience as a consequence of their mother's physical removal - Physical separation - Change of caregiver - Changes to home - Changes to education - The changes children experience in their relationship with their mother - Maintaining a relationship - Maintaining a relationship through visits - Maintaining a relationship through letters and phone calls - The changed dynamic of the mother and child relationship Secondary StigmatisationConfounding Grief: children's emotional and behavioural responses - Grief- Anger and physical aggression- Sleep problems and regressive behaviours- Problems at school - Anger at authority Conclusion Chapter 5: Explanation 2: The state duty of care does not extend to children of defendant mothers Statutory obligations towards children in England and Wales The welfare of the child - The Children Act 1989- The Threshold Criteria - Post-1989 developments Non-statutory obligations towards children in England and Wales Children's rights and state initiated separation of a child from their parent- Family court proceedings: during the court proceedings - Family court proceedings: after separation from their parent - Criminal court proceedings: during the court proceedings- Criminal court proceedings: after separation from their parentConclusion Chapter 6: Explanation 3: Sentencers are not permitted, or are unable, to consider the welfare of children of defendant mothers Sentencing practice in England and Wales Sentencing Guidelines and authorities Judicial awareness of Sentencing Guidelines and authoritiesJudicial understanding of the impact of maternal imprisonment Assumptions affecting judicial decision making - The age of the child- The mother and child relationship - The child's socio economic status- Kinship careConclusion Chapter 7: Other reasons for the differentiated treatment of children IntroductionConstructions of children within the courtsSeparation of the courts: labelling and secondary stigmatisation of childrenThe invisibility of women and misunderstood notions of gender equality and fairnessConclusion Part III: The implications of the differentiated treatment of children whose mothers are sentenced in the criminal courts Chapter 8: Implications for wider society IntroductionThe impact on caregivers who provide care for the children of imprisoned mothersSelection of caregivers- Health - Dependents- Spouses and partners- Changes to work and finance- Personal cost The influence of the caregiver relationship The impact of maternal imprisonment on a child's life chancesConclusion Chapter 9: Implications for the state Punishment or punishing? Collateral ConsequencesConstructions and justifications of third party harms The way forward - A change in penological thinking- A change in the use of imprisonment- A change in the state's response: mtigating harms and residual obligations- An example of change: South Africa Conclusion Chapter 10: Where are we now? Reflections on change 2011-2019Legal EducationHuman Rights Sentencing Guidelines in England and WalesPolicy implications of the researchRelevance of the findings beyond children of defendant mothers Conclusion

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