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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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