header-logo header-logo

Sentencing mothers & the rights of the child

20 October 2023 / Rona Epstein , Dr Hugh Williams
Issue: 8045 / Categories: Features , Criminal
printer mail-detail
143303
Rona Epstein & Hugh Williams report on the background & history of sentencing a parent of dependent children
  • Carla Foster was sent to prison for obtaining a miscarriage, but the Court of Appeal suspended the sentence.
  • Covers circumstances where a sentence should be suspended, the rights of the child when sentencing parents, and what advocates, magistrates and judges should know.

On 12 June 2023, Carla Foster was sentenced by Mr Justice Pepperall to an immediate term of 28 months’ imprisonment for procuring an abortion, contrary to the Offences Against the Person Act 1861 (s 58). Foster had pleaded guilty to this charge as an alternative to an original charge of child destruction. The abortion took place in May 2020, during the height of the COVID-19 pandemic, when she was 32 to 34 weeks’ pregnant, past the 24-week point where the abortion would have been legal. Foster’s sentence was appealed, coming before the Court of Appeal Criminal Division before Dame Victoria Sharp, Lord Justice Holdroyde and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll