Can a Prisoner Attend the Birth of His Child?

When a man is incarcerated, many aspects of life don’t stop and this includes family occurrences, and births are no exception. For inmates in UK prisons, it is natural to question, ‘Can a prisoner attend the birth of his child?’. The short answer is, it’s possible, but it’s not guaranteed. Every situation is unique and the decision to grant such a privilege involves multiple factors.

There is no UK law explicitly granting this right to prisoners, nor is there any denying it outright. So, these decisions usually fall under the ambit of individual prison discretion, the gravity of the case, and the behaviour and risk factors associated with the inmate.

Prison Leave on Temporary Licence (ROTL)

The UK justice system does offer a window of hope through a scheme known as Release on Temporary Licence (ROTL). Under this scheme, prisoners are allowed temporary release from prison for specific purposes, which could include attending the birth of a child. However, there are stringent criteria and stringent supervision involved.

Criteria for Release

1. The prisoner must be Minimum Category D: In other words, they must pose a low risk of harm to the public and are trustworthy under minimal supervision.
2. The inmate should have a record of good behaviour while in prison.
3. The prisoner should be towards the end of their sentence.
4. The benefits of temporary release should outweigh the potential risks.

Factors That Can Influence the Decision

• The nature of the crime committed
• Previous record of temporary release (if any)
• Potential public safety concerns
• The interests and wellbeing of the child and mother
• Any perceived flight risks

An application for ROTL with reasons such as attending the birth of a child goes under stringent assessment. It’s then up to the prison governor to approve or disapprove of the application based on the assessment result.

While the decision can vary, the UK acknowledges the crucial role of family ties in rehabilitation and as such, appropriate steps are taken for any such requests with all seriousness, taking into account both the interest of the inmate and the security and safety of society.

However, it cannot be overstressed that getting leave to attend the birth of a child while in prison is not a right but a privilege. And privileges like these can be lost due to bad behavior, a pattern of not following the rules, or other factors that might cause concern for the safety of the public or the mother and newborn.

To conclude, even though there is a chance of an incarcerated father being present for the birth of his child, it’s important to maintain realistic expectations and prepare for possible disappointment. The decision isn’t always a straightforward one and it will be assessed on a case-by-case basis under the scrutiny of multiple factors.