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07 July 2023 / David Walbank KC
Issue: 8032 / Categories: Features , Procedure & practice , Criminal , Human rights , Discrimination
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Crime brief: 7 July 2023

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Recent judgments have highlighted the interaction between abortion time limits, criminal law & human rights, as David Walbank KC explains
  • Abortion and the criminal law.
  • No time limit on termination where child may be ‘seriously handicapped’.
  • Declaration of incompatibility refused.

The recent case of Carla Foster has brought the issue of abortion and the criminal law back onto the front pages. Foster, aged 44 years, was handed a 28-month prison sentence in June after she admitted to illegally procuring her own abortion at a late stage of the pregnancy. The case hit the headlines after she pleaded guilty to taking tablets, delivered through the post, in order to abort baby Lily, who was between 32 and 34 weeks’ gestation at the time.

Her prison sentence was immediately followed by a large-scale demonstration in central London. Protestors marched from the Royal Courts of Justice to Whitehall, carrying placards saying ‘Abortion is Healthcare’ and ‘Policing Our Bodies is the Real Crime’. The ultimate aim of some campaigners

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MOVERS & SHAKERS

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Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

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DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS
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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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