Jun 13, 2023 at 4:15 am BST
Updated 1 hour ago
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Conservative MP Caroline Nokes has called for a debate in Parliament on abortion legislation
Parliament should debate an overhaul of abortion rules after a woman was jailed, the chair of the House of Commons Equality Committee has said.
MP Caroline Nokes told the BBC the 1861 Act used to prosecute mother-of-three Carla Foster was “obsolete”.
Activists called for reform after she was sentenced to 28 months in prison, of which she will spend 14 months in custody.
Foster was between 32 and 34 weeks pregnant when she was taking medicine purchased under the ‘pills by the mail’ scheme put in place during lockdown, Stoke-on-Trent Crown Court has learned.
Abortions are legal up to the 24th week, after 10 weeks the procedure must be performed in a clinic.
Foster was initially charged with child destruction, which she denied, and later pleaded guilty to an offense under Section 58 of the Offenses Against Person Act 1861 – “administering drugs or using instruments to induce an abortion”.
Ms Nokes, Chair of the Commons Committee on Women and Equality, said MPs should “decide in the 21st century whether we should rely on centuries-old laws”.
The Tory MP told BBC Radio 4’s World Tonight programme: “This is something that has not been discussed at length for many years.”
“And cases like this, while tragic and fortunately very rare, make it clear that we are relying on laws that are very outdated. It is an argument for Parliament to deal with this matter in detail.”
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Carla Foster received abortion pills after a remote consultation during lockdown
Labor MP Stella Creasy also called for urgent reform, telling BBC Two’s Newsnight: “I don’t understand whose interest this was in.”
Madeline Page, director of the Alliance of Pro-Life Students, agreed the case was a “sad situation” and said she would welcome a parliamentary debate on abortion, although she wanted to move the law in a different direction overall than Ms Nokes .
The UK Pregnancy Advice Service said it was “shocked and appalled” that “archaic law” had been used to prosecute Foster.
A spokesman for the Crown Prosecution Service said cases like this are “exceptionally rare… complex and traumatic.”
They added: “Our prosecutors have a duty to ensure that the laws enacted by Parliament are properly considered and applied when making difficult prosecution decisions.”
Prime Minister Rishi Sunak’s official spokesman said he was “unaware” of government plans to change abortion laws.
The CPS argued in court that Foster was aware of abortion restrictions and made false statements during a remote medical consultation.
Her defense said the lockdown and minimizing in-person appointments has transformed the way health care is accessed, adding: “It will haunt her forever.”
On May 11, 2020, Foster went into labor and the baby was confirmed dead 45 minutes later.
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The 44-year-old, from Staffordshire, had moved back in with her estranged partner when lockdown began, the court learned, while carrying another man’s baby.
At the sentencing hearing, Judge Edward Pepperall admitted that Foster was “in emotional turmoil” when she tried to hide the pregnancy.
He said she was a good mother to her three sons, one of whom had special needs, and that a suspended sentence might have been possible had there been a prior admission of guilt.
However, he rejected requests from women’s health organizations to impose a non-custodial sentence on the grounds that it was the court’s duty “to apply the law provided for by Parliament”.
A letter co-signed by several women’s health organizations was sent to the court ahead of Monday’s hearing, calling for a non-custodial sentence.
He told the defendant that the authors of the letter were “concerned that your detention may discourage other women from using telemedicine abortion services and may discourage other late-term pregnant women from seeking medical assistance or openly and deal honestly with medical professionals”.
But he said it also “has the potential to be seen as a special plea by those who advocate wider access to abortion, and is, in my opinion, just as inappropriate as it would be for a judge to receive a letter from one of the… to get campaign groups.” for more restrictive laws”.