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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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