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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 is the complete decriminalisation of abortion.

This case

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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