Darwin prisoner Carlveena Foster going into labour did not meet ‘exceptional circumstances’ under strict bail laws

A 21-year-old going into labour in a Darwin prison cell did not meet the ‘exceptional circumstances’ required for immediate release, following the rollout of tough new bail laws.

Darwin Correctional Centre has a purpose-built mums and bubs unit for pregnant and new mothers and their children in prison. Generic

A young woman going into labour in a prison cell did not meet the “exceptional circumstances” for immediate bail under strict new laws in the Territory.

Carlveena Foster did not appear for her plea hearing in the Darwin Local Court on Wednesday January 29, with Judge Alan Woodcock told that the 21-year-old woman had gone into labour that very morning.

Defence lawyer Megan Donahoe said she was seeking bail for her client who was currently experiencing contractions in “early labour” while locked in Holtze prison.

Ms Donahoe said the young woman faced the risk of losing her child if bail was not granted, as the prison had rejected an application to live in the specialist mums and bubs unit.

“The prison has advised that she is unable to keep the baby with her,” she said.

Ms Donahoe said it would be “extraordinarily onerous” for her client to “go through the grief of being pregnant” in prison — knowing that her child would be immediately taken away from her.

She proposed two bail plans for the 21-year-old, one to her stepsister’s home in Alawa and the other to her mother’s community of Daguragu.

Since Ms Foster was charged over three incidents — including recklessly endangering serious harm, assault, going armed in public and a breach of bail — she could not be released without an ankle monitor.

Mr Woodcock said a woman going into labour in a cell did not meet the “exceptional circumstances” under new tough bail laws, known as Declan’s Law.

Mr Woodcock said the woman — currently experiencing contractions — would need to be interviewed by Community Corrections to assess if she was suitable for the device.

“I don’t want to be a pest, but these are the realities,” he said.

Defence lawyer Megan Donahoe leaving Darwin Local Court. Picture: Zizi Averill

Ms Donahoe raised concerns that her newborn baby could be removed from her care before the bail report could be completed.

She asked for the electronic monitoring report to be marked “urgent”, given the “pending removal of Ms Foster’s baby”.

“It’s unknown at this point when she would be due to go to hospital — it could be sooner, it could be later,” Ms Donahoe said.

Mr Woodcock said the woman in labour would have to remain in prison on remand awaiting the bail report.

Corrections estimates that all electronic monitoring assessments would take between 24 and 48 hours to complete, depending on the level of demand.

On Friday, two days after she went into labour Ms Foster’s bail was approved.

The prosecution opposed Ms Foster’s bail “notwithstanding her impending birth”, as they had concerns about the new mother returning to court to face “inevitable” prison term due to a looming suspended sentence.

Despite the prison having a 10-bed specialist unit designed to accommodate mothers and their babies, the court heard the young mother was denied access to it.

A Corrections spokesman did not confirm if the mums and bubs unit was currently operational, but said the unit was “also used by female prisoners in the general population”.

“The Department of Corrections supports and facilitates female prisoners to care for their child in the mother and child unit where possible,” he said.

He said any decision to approve a mother remaining with her child in the purpose-built facility had to take into account consultation with the Department of Children and Families and NT Health and consider “the best interests of the child and the security and good order of the correctional facility”.

In 2023 two other women faced the risk of having their newborn babies taken off them within hours of their birth after being rejected from the prison’s mums and bubs unit.

A 31-year-old woman and her baby boy were eventually granted access to the specialised unit following a mammoth legal battle over her bail, however the other woman had her child taken away from her within 72-hours of giving birth.

Originally published as Darwin prisoner Carlveena Foster going into labour did not meet ‘exceptional circumstances’ under strict bail laws