Caroline Nokes MP, chair of the Commons Equalities Committee, has called for a debate in Parliament to overhaul existing abortion regulations after the recent incarceration of a woman. Nokes argued that the current law, dating back to 1861, is outdated and no longer relevant.
The case involves Carla Foster, a mother of three, who was found guilty of inducing an abortion beyond the legal limit using pills at her home. Advocates for abortion law reform have raised concerns over her sentencing, which includes a 28-month prison term, with 14 months to be served in custody.
During the trial at Stoke-on-Trent Crown Court, it was revealed that Foster, aged 44, took medication obtained through the "pills by post" initiative implemented during the lockdown period when she was between 32 and 34 weeks pregnant. The court noted that abortions are legally permissible up to 24 weeks, and after 10 weeks, the procedure must be conducted in a clinic.
Initially charged with child destruction, a charge she denied, Foster eventually pleaded guilty to a Section 58 offense under the Offences Against the Person Act 1861, specifically "administering drugs or using instruments to procure abortion."
Caroline Nokes, also the chair of the Commons Women and Equalities Committee, emphasized the necessity for Parliament to evaluate the relevance of legislation that dates back centuries. She stated that while cases like Foster's are tragic and fortunately rare, they highlight the reliance on antiquated laws. Nokes called for a comprehensive examination of this issue by Members of Parliament.
Stella Creasy, a Labour MP, echoed Nokes' call for urgent reform, questioning the motives behind the prosecution in this particular case. Madeline Page, director of the Alliance of Pro-Life Students, agreed that the situation is distressing and expressed willingness to engage in a parliamentary discussion on abortion, although with a different perspective than Nokes.
The British Pregnancy Advisory Service expressed shock and dismay that an "archaic law" had been employed to prosecute Foster. The Crown Prosecution Service defended its decision, highlighting the exceptional rarity and complexity of such cases and affirming its responsibility to consider and apply laws set by Parliament when making charging decisions.
Prime Minister Rishi Sunak's spokesperson stated that the government currently has no plans to revise abortion laws. The CPS argued during the trial that Foster was aware of the abortion time limits and provided false information during a remote medical consultation.
Foster went into labor on May 11, 2020, and the baby was confirmed deceased 45 minutes later. The court heard that she had moved back in with her estranged partner at the beginning of the lockdown period while carrying another man's child. In sentencing, Judge Mr Justice Edward Pepperall acknowledged Foster's emotional turmoil and her role as a caring mother to her three sons, one of whom has special needs. However, he dismissed requests from women's health organizations for a non-custodial sentence, emphasizing the court's duty to apply the existing law as defined by Parliament.
