The former student, 24, is attempting to block the decision of Holloway Prison Governor Mike Sheldrick to refuse her a place in the jail's mother-and-baby unit, the only place where she is allowed to keep her child.

Some 20 minutes before the baby was born at a north London hospital, a senior judge said it would be "unfortunate" if "the status quo was disturbed if it does not have to be disturbed" pending an Appeal Court hearing scheduled for Friday.

Representing the mother, Leon Daniel had expressed fears that the mother and her child could be swiftly separated before she had a chance to challenge a High Court decision upholding the governor's decision.

'Unpredictable behaviour'

The south London mother, who is serving a five-year sentence in Holloway for wounding with intent, was turned down in September after a special admissions board decided her "unpredictable behaviour could have put other babies in the unit at risk".

A High Court judge ruled that the governor had not acted "unreasonably or perversely" and said there was no arguable case for judicial review.

Unless there is a successful appeal, the child, diagnosed in the womb as suffering from a chromosomal abnormality, is likely to be put up for fostering.

On Tuesday Appeal Court judge Lord Justice Kennedy, sitting alongside Lord Justice Simon Brown and Lord Justice Ward, adjourned an application for leave to appeal against the High Court ruling and said it would probably be heard on Friday.

Mr Daniel had argued in the High Court that the mother, who had only realised she was pregnant after he conviction in February 1998, had been denied a fair opportunity to answer allegations made against her.

Violence

These included being involved in incidents of violence, fighting and bullying while in prison which made the mother unfit to be allowed into the unit.

Mr Daniel said the woman had been denied justice and the right to be with her child because the board accepted unsubstantiated or unproved allegations against her.

Her counsel said the governor also failed to take account of a letter from her dated 14 August in which the prisoner attempted to put her case.

But, after being told the baby "was literally on its way", Mr Justice Laws ruled there was "no arguable case" that there had been any procedural impropriety when the governor accepted the admission board's recommendation that she should be denied a place at the unit.

Long-term damage

Later Frances Crook, director of the Howard League for Penal Reform, condemned the practice of separating mothers and babies if the pregnant woman was considered unsuitable for the unit.

Referring to the Holloway inmate, who cannot be named for legal reasons, she said: "A baby is literally being ripped from its mother's breast."

She said: "Children should be allowed to stay with their mothers for the benefit of both mother and baby and for the benefit of the whole community."

Separating the mother and baby can cause long-term damage, Ms Crook added.

"Here you will have one damaged baby. Everybody loses."